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Don’t Ignore the Benefits of Joint Sessions in Mediation
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.