When preparing for a mediation, counsel often pronounce that
joint sessions are, at best, a waste of time. I disagree. My
three-plus decades of experience in mediation of commercial and
construction disputes have convinced me that a properly managed
joint session is an important and valuable first step for an
effective mediation. As an adjunct to caucuses, a joint session
provides parties a forum to directly hear from the other side about
what is most important. By exploring the process and benefits of
this highly effective tool, including a joint pre-mediation call to
shift mindsets, establish ground rules and address concerns,
mediators can harness the power of collaborative resolution. This
article explores the numerous benefits of a joint mediation session
from the perspectives of a mediator, attorney, party and insurance
professional.
