A mediation is not a chambers conference, and the mediator sitting at the head of the table is not a judge. Yet many experienced litigators turn toward the mediator to make their opening statements, even though the mediator lacks judicial powers to decide issues of law or fact or to require any party to make concessions. Having read your confidential submission and spoken with you before the mediation, the mediator should already be familiar with your case. So direct your opening statement to the opposing client representative, who has the power to make concessions in favor of your client.
Francis Carter
