Eileen Carroll QC (Hon) discusses while she believes, in the face of growing opposition, joint meetings are an integral and dynamic part of the mediation process.

1. 2018 Biennial Mediation Audit
reported mediators observing
a significant resistance (25% of
comments) to Joint Sessions at
the start of a mediation day.*
* Access the full audit results at www.cedr.com/foundation

2. The value of
Joint Sessions
by Eileen Carroll QC (Hon)
Principal Mediator &
Co-Founder, CEDR

3. 1.
Acknowledge
and listen.
The Joint Session gives the clients an
opportunity to acknowledge each other and
demonstrate they can listen.

4. 2.
Tell a story.
An opportunity to tell the story of the
dispute from the perspective of the client.
Litigation can often ignore this important
aspect, whereas mediation puts the client
front and centre.

5. 3.
Foundation of
negotiation.
A Joint Session allows the clients to watch,
observe and listen to the other side. This is
helps them to get a sense of the potential
negotiations to follow.

6. 4.
Helps the
mediator.
It is a further opportunity for the mediator to
get to know the clients and their teams.

7. 5.
Set the agenda.
Working in Joint Sessions allows the
mediators to work with both sides
constructively to help formulate a mutually
acceptable agenda.

8. 6.
Manage
expectations .
Help the clients understand more about the
process and the content of the discussions
to be had during the rest of the day.

9. “In my experience, problems are not
resolved and issues do not get understood
when parties remain encased in small
rooms with the mediator merely acting as a
messenger.
The mediation process needs to be much
more dynamic and engaging.”
- Eileen Carroll QC (Hon)

10. What do you think of
Joint Sessions in
Mediation? Let us know
below.
Better conflicts, better outcomes, better world.