Mediator Tips
The Opening Statement in an Arbitration

Mediation and arbitration are based on some similar principles, but the decision making process in each is very different. As a result, the opening statement in arbitration will focus on different points compared to that of mediation. Below are some tips to keep in mind when doing an introduction to arbitration. Also, click here to learn more about arbitration.

• Welcome the parties and thank them for using arbitration.
• Administer the Oath of Participant and confirm the Agreement to Arbitrate.
• State you will not disclose details of the case to anyone except, possibly, to the CMC staff for administrative purposes.
• Disclose conflicts of interest or prior experience with either of the parties, and ask if they know of any conflicts of interests.
• Confirm both parties have the right to an attorney.
• Explain that you may curb irrelevant or repetitious testimony.
• Request the parties agree to demonstrate common courtesy and refrain from interrupting each other during the hearing.
• Explain you will maintain control of the hearing.
• Notify the parties you will be impartial and will not express opinions or react emotionally.
• Explain that you will keep the hearing focused on issues in the Agreement to Arbitrate.
• Explain the decision is binding, and confirm the parties understand what that means.
• Explain you will be submitting your Decision and Reasons for Decision to the CMC within the next 5 days, and they will mail a copy of those documents to each party.