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24 Spring 2015 The Mississippi Lawyer ry of the case and their position on the dis- puted issues. Because all participants are present the position statements are deliv- ered to a captive audience which is obli- gated to listen quietly to the other sides arguments. Some lawyers are reluctant to submit their clients to a joint session for fear that the opponents opening statement will inflame the client and make compromise more difficult. This viewpoint is usually inaccurate. The joint session and opening statements are almost always useful or at least not counterproductive. In addition to disclosing each sides position the joint session has the follow- ing advantages It identifies the issues that are in dis- pute and those that are undisputed. It allows clients to hear the other sides position for themselves. While they will not likely agree with what they hear the opponents posi- tion will be confirmed in the mind of the client. This helps underscore the uncertainty of litigation which must be acknowledged in order for the client to make meaningful compro- mises. It can encourage parties to ventilate and begin the process of emotional runoff which will hopefully translate into a willingness to compromise. Listening to the opponents position statement introduces the client to the reality of a contested adversarial pro- ceeding and provides a preview of the trial. G. The Opening Statement Commu- nicate with the Opposing Party Even experienced attorneys frequently overlook the fact that the most important audience in mediation is the opposing party or decision maker not the mediator or opposing attorney. In the joint session skilled counsel know to address their opening remarks to the opposing party or its representative. This aspect of mediation is one of the few occasions in which an attorney may ethically speak directly to the opposing attorneys client. If the lawyer can connect with the person who will be making settlement decisions on behalf of the opposing party a significant psycho- logical breakthrough can be achieved. The opening presentation directed to the opposing party should include eye contact. It is best presented in a conversa- tional tone without demonstrable hostility or threatening body language. An acknowledgment that the lawyer and his client understand and respect the oppo- nents position and an expressed desire to settle can go a long way toward breaking the ice. In addition to speaking directly to the opposing party the opening position state- ment may also include the use of exhibits videos or charts. Power point presentations can be effective adjuncts to the opening statement. In mediation there are no rules of evidence so the lawyer is not con- strained by procedural rules only the lim- its of his own creativity and the attention span of the audience. Rather than using adversarial phrases such as We will prove and The jury will find in our favor consider moderating the Tips For Effective Mediation - Making An Offer They Cant Refuse