Group 2 – Prepared by: Cepida, June Karl ADR: Mediation – June 5, 2021

MEDIATOR’S OPENING STATEMENT

a. Introduction of the Parties’ Counsel [Authority to Represent the Plaintiff]

Good morning counsels. I am glad to see you all today. I am thankful to each one of you for
agreeing to attend and participate to this mediation. By being here today, I hope that we can work
together. Each of us committed to a successful mediation process, and that at the end of this session,
may we reach a favorable resolution.

For the introductions, first, I would like to know details about our counsels. Specifically, I would
like to know your experiences with mediation, and then a brief statement of what your expectation
would be for this mediation. Let’s start with the plaintiff and then the counsel of the Simpsons and after
that the counsel of Otto Mann.

[Counsel answers]

It is great to know that the counsels are all clothe with authority to represent their clients, and it
is really reassuring that generally, all of you expect a smooth and effective mediation to resolve these
issues. It definitely enthuses me because that is definitely the main point of why we are here today.
Despite having no experiences with mediation, I am sure that, passing the bar and being lawyers right
now, all of you already know what mediation is.

So, by that, let me tell you instead a bit of my background, including my own experiences with
conflict resolution and mediation, also, what truly is the function of a mediator.

b. Introduction of the Mediator [Qualifications]:

The name of your mediator today is Atty. June Karl Cepida, you may call me June or Karl,
whichever you prefer. I had been a lawyer for almost 10 years, passing the bar exam in 2011 and
immediately proceeded to have founded a law firm with my colleagues after that. I was certified to be a
mediator for about 5 years from ago, and I had dealt with, out of common courtesy, resolved over 300+
disputes through mediation since then.

After mediating all those disputes, I’ve found out that the recipe for a successful mediation is
cooperation and responsiveness. If any of you went to this mediation and expecting to not listen with
what the other party would say, this meeting would 100 percent fail. You should remember this about
mediation, both of you may have different interests, but your roles are ultimately the same, that is to
work to a mutual agreement for the satisfaction and benefit of all.

c. Function of a Mediator
 My role, as your mediator, is to provide a harmonious setting, where both parties may discuss
without the contamination of unwarranted aggression and animosity, with the main goal of de-
escalating further the issues currently existing.

In this Mediation, we would give each party an opportunity to express their own sides, and the
effects of the acts that other party may have caused. However, as a neutral, I will not favor any sides. I
will not give any personal opinions about the issues, nor willingly lead the mediation to a particular or
specific outcome. That is to say that I will never decide any outcomes, but I am here to help both parties
to come up with a decision that would stop any additional grievances.

I present my signature in the Agreement to Mediate, in order to show my commitment to

resolving these issues as your mediator, and to assure everyone that everything and anything that is
disclosed shall be strictly confidential, known only to the parties, and shall not leave this room.

I also want to remind everybody that this mediation is voluntary, the obligation is only to the
extent of the willingness of both parties to resolve the issues present to us today. Consequently, as your
mediator, I am in no way compelling or pressuring anyone to participate in this conference. Any party
may terminate this meeting as they wish, and if you are unwilling to begin the conciliation process,
please do let me know at this instance and we may adjourn this engagement immediately.

If there are no objections, we shall proceed with the peaceful mediation.

[Counsel answers]

d. Instructions and Overview of the Mediation Process:

Before we start, I must give you a brief overview, like what we might tackle during the
discussions, and a set of ground rules of which we must follow.

Ground Rules:

1. Be respectful of each other.

2. Both parties must assume that everyone involved is speaking in good faith and they are here to
seek a favorable resolution.
3. There shall be no ambiguous or leading questions, hate speech, unlawful assumptions, slurs or
derogatory comments, and using threatening tones against the other party.
4. Regarding Questions – The Mediator would select the party that would ask 1 question
addressed to any of the parties. The party that was questioned should truthfully answer the
inquiry, and after which, it would be his or her turn to ask 1 question to any of the party. If a
party answered and proceed with no question, the other party may ask again until both are
satisfied and no more questions are left unanswered.
 Any questions that are mentioned in Rule 2 of the Ground Rules would be deemed
inappropriate and the Mediator would compel the asking party to change his or her question or
prevent the answering party to answer the same.

5. Regarding Answers – 5 minutes rule – each plaintiff or defendant only has a maximum of 5
minutes to think about the question and answer the question of the Mediator or any of the
party, except when asked about the facts of the issue which has a maximum of 10 minutes to
answer. This is to give both parties equal and fair amount of time to answer, also to speed up
the questioning and prevent unnecessary delays.
6. The parties have the legal obligation to keep the confidentiality status of any disclosed facts or
settlement agreement that may come up at the course of the mediation process.
7. At any time during the meeting, both parties may ask for a recess, or a moment to concur at
their own discretion, as long as they do not intentionally abrupt the other party when giving
answers or testimonies. This may last to 5 minutes at most.
8. Phones should be turned off or put to silent mode to avoid distractions from the meeting.
9. Lastly, any settlement agreements made at the end of the mediation shall be put into writing,
signed by the parties and their counsels, and shall be immediately executing and binding
between the parties.

These ground rules had been presented to the counsels of the parties prior to the meeting, so I
expect each one of you had read and understood it carefully. Everyone is advised to follow them
faithfully to ensure that this would be productive and effective mediation. Any questions or clarifications
about the ground rules?

[Counsel Answers]

If none, let us proceed to the Overview.

Overview:

[Parties] Opening Statement

Our mediation will start first with giving both parties the floor, starting with our plaintiff, to give their
own opening statements or a story from their perspective. It would be preferable if the statements
would specify the thought process of the actors during the events of that fateful night. After that it
would be the defendants’ turn to share their experiences.
After both parties had given their opening statements, the plaintiff’s counsel would be the first one to
ask for clarificatory questions to any of the defendants. Following number 4 of our ground rules, that
defendant may then ask clarificatory questions, if he would not further ask any more questions, the
other defendant may then ask in turn. I would then disclose any facts in order to be summarized in the
Phase 1 of the Problem-Solving Stage.

After the clarifications, I would then ask how the parties are handling the situation since then, how the
incident had impacted the lives of the parties.

This would end the opening statement of the parties, and we can proceed to Phase 1.

Phase 1: Determining the Interests

Phase 1 of the problem-solving stage is to identify the interests of the parties. First, I would
verbally summarize all the disclosed facts that all the parties had presented.

After this, I would proceed to ask the interest of the plaintiff, whether he or she plans or already
filed a complaint against the defendants, and whether he or she is open to settling the dispute through
the power of mediation or accept reasonable compensation. The defendants would also express their
current interests after hearing the plea of the plaintiff, whether they are willing to fight through
litigation with the plaintiff or they might be willing to settle the dispute or agree to compensation.

If the interests of the parties would align, we shall proceed to Phase 3. However, if there is a
difference to the intentions of the parties, we need phase 2 to further discuss and iron out any contrast
between the parties through personal suggestions from the parties themselves.

Phase 2: Setting out the Issues

At the start of Phase 2, I would enumerate the differing interest of the plaintiff and the defendants to
see if there is a chance to reconciliate them. I would then ask the defendant their own suggestions how
they would deal with the dissimilarity of their interest with the plaintiff. If the plaintiff would agree with
their suggestion, they there is a positive chance that an agreement might be reached.

Phase 3: Brainstorming for a Resolution

Phase 3 would be the result of the parties’ willingness to cooperate and decision to come up with a
resolution. If the parties already had an agreed method or option in resolving their issues, I, as your
mediator, would move to call the parties to close the issue and agree to the resolution option they have
selected. However, if the parties only shown the willingness to resolve the issue but not with what
resolution option to use, I would then suggest some resolution options that the parties may select and
agree upon.
Whether or not an agreement was made to the resolution option, we would then proceed to the final
stage of our mediation, which is the closure.

Closure

In the last stage of your mediation, I would declare, as your mediator, the conclusion of the
Mediation whether it was successful or not. If an agreement was reached, it would be deemed as
successful, and unsuccessful if otherwise.

If unfortunately, no resolution or agreement was reached, I would proceed to the closing

statements and conclude the mediation therein.

On the other hand, if both parties agreed to a resolution, they shall physically shake hands after
their agreement. They shall then put the agreement into writing. I would then subsequently review the
stipulations agreed therein, and if all disputes were dealt with in the agreement and embraced by all the
parties, the parties may sign the same.

The plaintiff shall verbally declare to uphold the stipulations of the agreement and cease from
filing complaints about the resolved issues. Similarly, the defendants shall verbally declare to uphold the
same stipulations and offer themselves to any obligations arising from the agreement. Both parties must
observe the agreement in good faith.

If anybody has questions about the sequence of the mediation process, please feel free to ask me now.
If there is none, any questions relating to the sequence will not be entertained to prevent any
unceremonious stoppage in the discussions.

[Counsels answers]

Very well then, we shall begin our journey to resolution.