Making an opening presentation

The opening presentation represents a unique opportunity to put forward a case, and any perceived weaknesses in the other party's case, directly to the other party’s decision-maker. It is an off-the-record occasion and can be used to express regret and/or an apology without conceding liability.

Its primary objectives are:

• to influence the other party’s ultimate decision maker
• to inform the mediator about the dispute
• to give your client his ‘day in court’.

Points to consider when preparing the opening summary:

• As a rough guide, and largely dependent upon the dispute, the oral presentation should take more than ten minutes but less than 20 minutes. It will often be less.
• Highlight the important issues in the written statement rather than repeat it verbatim, referring to every piece of evidence.
• Prepare your presentation with the other party's client in mind as well as the mediator.
• Use plain English.
• Refer to commercial interests as well as legal rights.
• Involve your party's non-legal representative in the presentation and rehearse it with them.
• Include the following aspects:
  - background to the case
  - strengths of your client's legal case
  - commercial interests which underlie your client's position
  - acknowledge the other party's legitimate commercial interests (and possibly grievances)
  - offers and concessions you are prepared to make in the negotiations, and even apologies
  - your client's feelings about and reactions to the dispute.
  
• Then listen carefully to the other side’s presentation that may present the case in a new light offering new solutions.

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