Why did mediators and lawyers stop doing Joint Sessions to start a mediation?
Mediation has evolved, rendering traditional Joint Sessions unnecessary. Today, with trial lawyers and clients being well-versed in the process, the educational aspect of Joint Sessions is obsolete. A competent lawyer now briefs clients beforehand, making the joint session redundant.
Overzealous Lawyers can hinder the mediation process by overly advocating for their case. This can lead to offending opposing parties and instilling excessive belief in the case. Mediation calls for a balanced, rational evaluation rather than aggressive advocacy.
Emotional clients can complicate Joint Sessions. While expressing condolences can be beneficial, it’s crucial to gauge the emotional readiness of all parties. High emotions can escalate, as seen in cases where misplaced accusations arose due to unresolved grief. Reading the room is essential to decide on the necessity of a joint session.
In the next Mediation Minute, we will explore strategies to enhance the effectiveness of joint sessions. Stay tuned for insights on optimizing joint sessions in the mediation process.