It is not uncommon for attorneys to waive their opening statements at mediation. Sitting across the table and telling the other side why they are wrong and you are right can be difficult face-to-face. Sometimes the case has already been litigated at great length and spending time on opening statements seems a waste of precious time. The opening statement, however, is an opportunity to go beyond pure legal arguments and the typical all-or-nothing approach of litigation. In litigation you strive to prove your point and negate your opposition's position. But in mediation you must recognize your opposition's position and persuade them to agree to a resolution that meets everyone's needs. With this more collaborative approach in mind, an opening statement is an excellent opportunity that should not be waived, except in the rarest of cases.