It is not uncommon for attorneys to waive their opening statements at mediation. Sitting across the table and telling the other side why they are wrong and you are right can be difficult face-to-face.

In most insurance coverage disputes, the parties arrive at mediation fully aware of the other side’s position. An insured makes its position known when it submits the claim or during the claim ...

The Bankruptcy Court for the Western District of Missouri declined to recognize a mediation privilege in In re Lake Lotawana Community Improvement District, 2016 WL 7984347 (Bankr. W.D. Mo. Sept. 19, ...

As important as this debate might be, there remains no clear answer as to whether opening statements should or should not be used as part of the mediation process. Every case is different, as are the ...