- Introduce yourself and thank the other side for listening
- Explain your role and why it is necessary for you to talk about certain issues
- Explain that this is your only opportunity to speak directly to the opposing party
- Do not address comments to the Mediator
- Stay brief
- Don’t use the shotgun approach, focus on key issues or arguments
- Avoid an overly adversarial tone, be firm, assertive, respectful, but not threatening
- Express your client’s interest and desire to reach a mediated settlement
- Cite only key legal precedents that will influence the Court’s decision
- Invite questions and discussion