Negotiation Law Blog - Surprise Announcement of the Week: Joint Sessions Put Parties into a Collaborative, Even Generous, Mood - Comments

Colm Brannigan

Victoria Pynchon — Tue, 05 May 2009 18:39:41 -0800

Great post. I am glad to see that my preferred approach of maintaining joint session for as long as possible has some validity.

Keeping the parties together makes for some interesting times but is well worth the effort.

What still surprises me is the push against this from counsel who want you to use the old familiar caucus model in every mediation.

Peter Huang

Victoria Pynchon — Tue, 05 May 2009 18:39:41 -0800

Thanks for a very interesting post. As a litigator, I think the kind of limited joint session that you described could definitely work in some cases. A simple personal introduction certainly seems like a good ice-breaker.

However, even more important (in my opinion) is your suggestion that one may not want joint sessions to be a forum for polarizing substantive speeches.

I recall hearing about a joint mediation session where the mediator allowed the parties and counsel to personally attack each other face-to-face for hours on end. Tears were shed and the parties eventually stormed out hours early.

Vickie

Victoria Pynchon — Tue, 05 May 2009 18:39:41 -0800

Thanks for dropping by to comment Peter. I do believe that much of the problem with the utility of joint sessions and attorneys' willingness to allow their clients to participate in them arises from bad mediation practice rather than from there being anything inherently bad about a well-run joint session. Like litigators, transactional attorneys, trial lawyers and the like, there are good ones and bad ones. There are litigators clients hire because they are bull-dog-take-no-prisoners attorneys and those who are hired because they're better known for being collaborative with an eye on budgetary constraints. So it is with mediators. You need not only know their "style" but also their competence at performing that style. I hope that you will find the mediators that are just right for the dispute, the clients and the problem your clients have entrusted in your care. We're doing all we can, my colleagues and I, to be constantly improving mediation practice in general and mediation skills in particular. Have a great weekend!