Step 2 - DRS Model - Initial Statements

Step Two of the DRS Model of mediation is the initial statements by the disputants (or their attorneys).

There are two purposes for the initial statements. First, it allows the mediator to hear what the dispute is about in the words of the disputants themselves. Second, it allows each disputant to hear what the other disputant has to say.

The mediator may jot down various issues or feelings discussed by the disputants, and will typically listen carefully, making sure that neither disputant is interrupted by anyone. It is not unusual for other issues or emotions to emerge later in the mediation session.

It is sometimes very difficult for the disputants to sit quietly while the other speaks. There are a variety of techniques that a skillful mediator may use to ensure that each party is permitted to speak.

Parties sometimes want to include witnesses or evidence at this point in the mediation. If both parties and the mediator agree to permit witnesses or other evidence, it is best if the witnesses remain outside until they are needed.

With regard to evidence, in the DRS model the proceedings are not bound by the rules of evidence used in courtrooms. For example, lay opinions may be permitted, there is no cross-examination of witnesses, and the attorneys, if present, should not be permitted to use the proceedings as another tool for discovery. Furthermore, the strict confidentiality regarding mediations includes witness statements made at mediations and all documents prepared for the mediation. Care should be taken that the mediation is not used to "bury" evidence.

The point of evidence and witnesses at a trial is to convince the judge or jury. The purpose at mediation is to convince the other disputant, not the mediator. The disputants are not encouraged to bring witnesses to mediations in the DRS model, though there are exceptions when they may be helpful or even necessary to a complete resolution of a dispute.