Joint and One on One Sessions

Unless there's an objection mediation sessions often start in joint session where all of the parties meet with a mediator in the presence of each other.  There are many benefits to a joint session. Usually a joint session:

• saves time
• provides an opportunity for the parties to talk with each other (through the mediator or directly to their opponents)
• allows each of the parties to communicate via the non-verbal aspects of human communications (e.g. body language)
• prevents some of the misinterpretations which can occur should a mediator not fully comprehend what is to be communicated
• allows for follow-up through questions and responses to questions

The risks in joint sessions include:

• raw emotions take over and focus is lost on issues because of the presence of opponents
• being in the direct presence of opponents may constrain the exchange of information because of fear of saying something may adversely impact negotiation
• creates discomfort, stress, and pressure which a party may not handle well which adversely impacts negotiations
• an aggressive opponent may try to manipulate, intimidate, or worse a party who they feel is showing weakness.

Getting the most out of joint sessions:

• know your facts
• assess your situation
• know yourself
• put yourself in the others shoes
• come prepared with a negotiatin strategy
• stay focused on the issues
• if emotions start to get away ask for a break
• listen and absorb
• be flexible
• decide whether to be collaborative or competitive when negotiating an issue or expressing a need
• be prepared to receive as well as to offer alternatives
• use probing or open ended questions
• avoid being overly wordy and don't monopolize the time
• be clear
• don't be personally abusive of your opponents
• humor does have a role in negotiation - it's an ice breaker - keep it clean
• measure tone and voice
• watch your body language
• observe the others tone of voice and body language

What alternative is there to joint session? The answer is - one on one session with mediator. Why?:

• it's not possible to communicate effectively, or emotions are too high, or there's fear of being in the presence of opponent
• there's a need to consult with, or provide information to the mediator without the presence of opponent (remember a mediator cannot take sides or act as your or your opponents advocate in any manner so don't put mediator on the spot)
• you believe mediation is going nowhere and are seeking alternatives via a mediator reality check or suggestion
• you want to discuss a topic with mediator which you feel is essential for the mediator to understand however you do not wish what is said to be disclosed to opponent

What are the disadvantages of one on one's with mediator:

• loss of rhytmn in negotiations
• creating a sense of stalling in your opponent
• creating a sense of weakness in you by your opponent

Mediators Role in joint sessions:

• acting as a catalyst in creating and maintaining dialogue between parties
• maintaining civility during mediation
• actively listening (reframing, reflecting, asking probing questions)
• being timely in intercessions
• making useful and constructive intercessions
• being empathetic to all parties interests, issues, and needs
• conducting reality checks when necessary
• respecting requests for confidentiality by a party to mediation
• being non-judgmental
• offering mediator suggestions when appropriate
• iteratively and progressively narrowing the focus towards agreement

There's much more to be said about joint and one-on one sessions. I hope you agree thsi is a reasonable start.