Mediation & Arbitration / 1 min read
Most mediations these days start with little to no joint session. From my perspective, this is often a mistake. For one, it takes too much control over the outcome of the mediation away from the parties. In this respect, the mediator is forced to convey the parties' respective positions and is seldom equipped to do so as effectively as a party should be able to do. Second, the joint session tests each parties' lily-white view of their "perfect" case. Third, the joint session allows the mediator to establish that both sides have the same goals and commitments, including working in good faith to resolve the case and making sure that each position/decision made during the mediation is made with those goals and commitments in mind.
Obtaining an upfront preview with the mediator often allows for adjustments in the tone and delivery of the party's message. Strict and balanced time limits can also allow for efficient use of time. So, the next time your opponent or mediator suggests that you skip the joint session, take the time to discuss and consider the missed opportunity to achieve some of the advantages of having a joint session before you make this important decision.