Mediation and ADR
Opening statement
Also called opening session
The start of a mediation session, when the mediator explains the process and each side describes the dispute from its own point of view.[1][2]
In more detail
In the Northern District of California's program, the session typically begins with each side presenting its view of the case, through counsel or the clients themselves.[1] Virginia's standards say the stages of mediation should include, at a minimum, a chance for all parties to be heard.[2] Some mediators skip a joint opening in tense cases and start in separate sessions.
Varies by state
Mediators run opening sessions differently; there is no single required format. Find your state’s rules.
Related terms
- CaucusA private meeting between the mediator and one side, held apart from the other side, to talk through options and concerns more openly.
- MediationA process in which a neutral mediator helps the parties communicate and negotiate so they can reach their own voluntary agreement.
- Orientation sessionA preliminary meeting in which the parties and the neutral assess a case and decide whether to go on with mediation or another dispute resolution process, or to proceed in court.
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Sources
The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.
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MediationList. (2026, October 28). Opening statement: Definition. https://mediationlist.com/glossary/opening-statement/
APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.