A Successful Mediator’s Approach To Opening Joint Session

Times have changed. In the past, mediators would open a mediation by asking for opening statements from lawyers for each party.

Problem was, though, these were typically so inflammatory that a meeting that was supposed to be about resolution started with animosity. Sometimes, one side walked out right then, before the real mediation even started.

That’s why I have never invited opening statements at the start of a mediation.

Lawyers no longer want opening statements, either. I have even had lawyers ask that there be no opening joint session with all parties present.

Rather, they wanted to work with me only in caucus, one side meeting with the mediator, keeping every communication confidential. The lawyers wanted to avoid the hostility that previously permeated the parties’ dealings.