In a trial, it is the jury that has the power to give your client what it wants. A savvy trial lawyer will treat the jury with the utmost respect and exploit every opportunity to communicate cogently and tactfully with the jury on behalf of their client. In mediation, however, it is the opposing party who has the power to give your client what it wants, so in mediation, the opposing party becomes your jury. Keep this in mind before agreeing to waive the opening statement! Adopt a tactful and respectful tone when speaking to the other side. Always remember, in mediation the opposing party is your jury.