Answer: This is mostly up to you and your lawyer’s strategy, but generally, your lawyer will do the bulk of the talking in mediation when it comes to legal and factual issues. You are not required to give any formal statements like you would in court. That said, your voice can still be important in mediation, and you can speak if you feel comfortable – but it’s optional. Here’s how it typically goes:
At the start of mediation, if there is a joint session (everyone in the same room or Zoom call initially), usually the attorneys for each side make opening remarks about the case. Your attorney can handle this entirely, outlining what happened and how it affected your family, and what you are seeking. You might simply be introduced by name and not have to say anything at all in this part. Many mediations nowadays even skip the joint session to avoid tension, and jump straight into private sessions.
When you’re in the private room with your attorney and the mediator, the mediator might ask you some gentle questions or invite you to share how you feel about what happened. You do not have to answer any question you’re not comfortable with – your attorney can help field these. But if you want to speak and share your perspective or emotions, you absolutely can. Mediators often find it useful to hear from the client (you) about how the incident impacted your life or your parent’s life – it puts a human face on the case beyond the dry facts. However, if the thought of speaking makes you anxious, know that it’s perfectly fine to let your lawyer do the talking. Your lawyer is there to articulate your position and advocate for you.
You will always have the chance to speak privately with your lawyer. If at any point you want to tell the mediator something, you can tell your lawyer first and they can either pass on the message or help you say it in a effective way. You can also ask the mediator if you can speak directly, if there’s something personal you want to express – for instance, sometimes plaintiffs want the other side (through the mediator) to understand the emotional toll of the situation. These kinds of heartfelt expressions can sometimes motivate a better offer, but it’s a tactical choice. Your attorney will guide you on whether it might help to speak or if it’s better strategically to stay quiet. There’s no pressure either way.
In summary, you will not be put on the spot to make a speech. This isn’t like testifying in court. Most clients in mediation speak very little or only informally. It’s completely fine to let your attorney be your voice. If you do speak, the setting is informal – just you, the mediator, and your lawyer in a conversation. We will make sure you never feel unprepared for anything you might want to say. So, speak if you want, stay silent if you prefer – either way, your interests will be communicated clearly through your lawyer.