Posts in Joint sessions
A Successful Mediation

William Gilbride looks at how facilitative mediation has proven successful in resolving civil disputes, leading courts to refer cases to mediation earlier in the litigation process, even before discovery. Key strategies for effective mediation include holding joint sessions to encourage direct communication, allowing clients to speak for themselves, and carefully considering "final offer" strategies with the mediator to avoid prematurely ending negotiations.

https://mediate.com/a-successful-mediation/

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Designing the mediation, Joint sessions, Preparing for mediation, Succeeding at mediation, The mediation processNic ScampionBack to all Resources
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.

https://mediationblog.kluwerarbitration.com/2015/08/23/the-long-goodbye-resistance-to-joint-sessions-is-growing-on-both-sides-of-the-atlantic-is-mediation-evolving-or-regressing/

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Growing mediation, Joint sessionsNic ScampionBack to all Resources