Last week, I attended the 21st Annual Summer Dispute Resolution Skills Program presented by the Strauss Institute for Dispute Resolution at Pepperdine University School of Law, where I took a course titled “Specialized Mediation,” taught by two extraordinary mediators, Tracy Allen of Detroit, Michigan and Eric Galton of Austin, Texas.
Much of the first morning’s discussion centered on the value of the joint session or caucus, a unique opportunity for catharsis through the mediation process that many lawyers – and quite a few mediators – prefer to avoid at all costs, usually because of an undue fear that a joint session will do more harm than good.
In reality, a properly managed joint session – especially one in which the attorneys, after thorough preparation, encourage their respective clients to discuss openly, candidly and passionately, but respectfully and diplomatically, the facts giving rise to the dispute and its impact on their lives – often provides disputants with something invaluable to the resolution process: the opportunity to feel they have been heard and, more importantly, acknowledged.
To be sure, there are cases and situations in which a joint session may create obstacles to resolution, but the intuitive mediator will recognize those instances and caution you appropriately. Discuss the unique facts and dynamics of your case in advance with your mediator and decide together how you might best take advantage of the benefits that an effective joint session has to offer.
As you prepare for your next mediation, don’t be afraid that joint sessions might sometimes cause a little pain. More often than not, that pain is therapeutic, helping to pave the way for resolution of the dispute.
As always, it would be my pleasure to assist you and your clients in the dispute resolution process. Please don’t hesitate to contact me if I can be of service.
Best regards,
Floyd J. Siegal
fjs@fjsmediation.com