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