1. Unpack the emotional barriers to consensus building early in the process.

Confidential breakout rooms provide the mediator with the opportunity early in the mediation to assess and work through a party’s emotional barriers to reaching consensus or compromise. The intimacy of breakout rooms facilitates candor and frankness between the mediator, the party and counsel. Trust and good rapport are built through the important work conducted in the breakout rooms. The mediator’s ability to guide the parties toward settlement is enhanced by her active listening in private to disclosures and sentiments which if expressed during joint sessions or opening statements might prove fatal to a successful outcome.