In defense of the opening session in mediation

Lawyers' Forum

By Faustin A. Pipal Jr.

Faustin A. “Frosty” Pipal Jr. is a partner with Pipal & Berg LLP and sits on the Cook County Circuit Court’s Law Division Mediation Program Committee.

Posted May 23, 2019 10:38 AM

“We’d like to waive the opening session.” As the mediator in personal-injury, professional liability and employment cases, I hear it time and again. The reasons vary: “We all know the case”; “Our time is limited so let’s just get right to the negotiations”; or “Last time I did an opening, it was a disaster.”Then there are the nonreason reasons: “I just never do openings”; or “I find openings counterproductive.”The author usually tries to …

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