Law360, New York (December 21, 2011, 1:07 PM ET) -- This article discusses and debates the history of, and change in shift for, the joint session and how each side of the country has experienced its evolvement.
While both mediators come from very different perspectives, they ultimately agree that a joint session, when conducted properly, can be a very positive experience for clients.
When I received my first mediation training nearly 20 years ago in San Francisco, and in several subsequent trainings, the “model” mediation always included a joint session in which the mediator explained confidentiality, passed around the confidentiality agreement and discussed why this process was different than a judicial settlement conference, arbitration or a trial.
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