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Report of Mediator in Superior Court Civil ActionNorth Form

Report of Mediator in Superior Court Civil ActionNorth Form

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(Patricia) How important are opening statements? Do you find them generally useful? Are there negative sides to them? What are your thoughts on that? (Judge) I'm gonna talk first if I can on that. I honestly think that opening statements are probably less useful than the attorneys think. I think that the statements that are made are most effective when they're made without the parties in the room as to that. Because oftentimes the opening statement is phrased in a way of expressing the strengths of a case. Which also may mean that they're expressing the negatives of the other side's case. And I find that that's unsuccessful when done in the presence of the actual litigants themselves. I find that for me what becomes more effective is having a process explained to them and to the clients particularly by me, and then giving the attorneys that opportunity to talk in a non opening statement fashion really in a smaller grouping. (Patricia) What about

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