The Long Goodbye? Resistance to joint sessions is growing on both sides of the Atlantic. Is mediation evolving or regressing?
Matthew Rushton (JAMS International) writes that resistance to joint mediation sessions is increasing in both the U.S. and Europe, with significant regional variations—particularly between the East and West Coasts of the U.S.—as lawyers and clients increasingly view them as unnecessary or counterproductive. While this trend challenges traditional mediation dynamics by shifting more responsibility to mediators, the evolution of the process reflects differing cultural attitudes toward negotiation rather than a fundamental decline in its effectiveness.