How to prepare an opening statement for your family law mediation

Preparing an opening statement for a family law mediation is an essential step to set the tone for the mediation session and present your perspective to the mediator and the other party involved.

An opening statement in family law mediation is not about “winning” but about creating a productive and respectful environment where both parties can work towards a resolution that serves the best interests of everyone involved.

As a participant in a family law mediation, your opening statement is an essential opportunity to set the tone for the mediation process, express your perspective, and outline your goals for the session. Here’s a step-by-step guide on how to make an effective opening statement:

Prepare and plan: Take some time before the mediation to organise your thoughts and identify the key points you want to convey during your opening statement. Consider the main issues at hand, your desired outcomes, and any concerns or emotions you want to address.
Be courteous and respectful: Approach the opening statement with a respectful and positive attitude. The goal of mediation is to find common ground and reach a resolution, so maintaining a calm and cooperative demeanor is crucial.
Introduce yourself: Begin by introducing yourself, your relationship to the family (e.g., parent, sibling, etc.), and your willingness to engage in the mediation process. This helps create a personal connection with the other participants.
Express your commitment to mediation: Acknowledge your commitment to resolving the family matter through mediation and your willingness to actively participate in finding a fair solution.
Acknowledge the emotions involved: Family law matters can be emotionally charged. Address any emotions or tensions respectfully, acknowledging that each participant may have different feelings and perspectives. Demonstrate empathy and understanding for the difficulties faced by all parties involved.
State your main concerns and interests: Clearly articulate the primary issues or concerns you would like to address during the mediation (you can ask your lawyer what these are if that are not obvious to you already). Emphasise the interests behind these concerns rather than solely focusing on specific positions. For example, instead of stating, “I want equal time”, you could express, “I want to ensure that my child’s well-being and stability are protected.”
Outline your objectives: Clearly state your desired outcomes or goals for the mediation process. Be specific but also open to compromise, as the goal is to reach a mutually agreeable resolution.
Acknowledge their contributions: People want to feel valued and there are often expressions of gratitude that go unsaid in relationships. Outline some of the skills used, and contributions made, by your former partner to your partnership.
Emphasise a willingness to collaborate: Highlight your willingness to work collaboratively with the other participants to find a resolution that benefits everyone involved. Emphasise that you are open to exploring creative solutions and are willing to negotiate in good faith.
Focus on the future: While it is essential to acknowledge past issues, the primary focus should be on finding a solution that works for the future well-being of all family members.
Keep it concise: Aim for a brief and focused opening statement (say 1-2 pages of typed text). Avoid rehashing past conflicts or engaging in blame games. Stay on point and present your perspective clearly and succinctly.
Listen actively: After making your opening statement, be attentive when others are speaking. Active listening is crucial in mediation as it helps build trust and understanding among all participants.

Remember that the goal of mediation is to find common ground and reach a resolution that benefits everyone involved. By presenting your opening statement with sincerity, respect, and a willingness to collaborate, you contribute positively to the mediation process and increase the chances of finding an amicable resolution.

If you’re unsure about including something in your opening statement, you can always check with your lawyer.