Credit: fizkes/Shutterstock.com Joint Sessions Are Valuable; How to Conduct Them
Many mediators and counsel discourage the use of joint sessions in mediation. Counsel often believe that having the parties together in the same room (either physically or virtually) will exacerbate the tensions already present in the litigation and hinder resolution. Mediators often believe, with some justification, that joint sessions merely provide a vehicle for counsel to exercise their advocacy skills, i.e. "show off" for their client and belittle the arguments of their adversary. Although there is a grain of truth in both points of view, neither justifies foregoing the ample benefits which the joint session provides to the mediation process and to the ultimate resolution of the dispute.Don't Ignore the Benefits of Joint Sessions in Mediation
The joint session is the only phase of the mediation in which the parties meet face to face and present their respective positions. In fact, this event may be the only time prior to trial when the parties have an opportunity to meet and address each other in person, rather than being walled off from each other through the thicket of litigation filings.
August 07, 2023 at 09:33 AM
6 minute read
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Credit: fizkes/Shutterstock.com
Joint Sessions Are Valuable; How to Conduct Them
Many mediators and counsel discourage the use of joint sessions in mediation. Counsel often believe that having the parties together in the same room (either physically or virtually) will exacerbate the tensions already present in the litigation and hinder resolution. Mediators often believe, with some justification, that joint sessions merely provide a vehicle for counsel to exercise their advocacy skills, i.e. "show off" for their client and belittle the arguments of their adversary. Although there is a grain of truth in both points of view, neither justifies foregoing the ample benefits which the joint session provides to the mediation process and to the ultimate resolution of the dispute.
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