The Power of the Joint Session in Personal Injury Mediation in Palm Bay FL


More and more people are realizing the tremendous benefits of mediation, allowing it to expand well beyond family law or employment disputes into other areas such as multi-jurisdictional disputes and personal injury mediation in Palm Bay Florida.   Mediators can use tactics that are not traditionally available or advised in litigated cases.   One example of an effective tactic used in personal injury mediation in Palm Bay Florida is using a joint session.

In some types of mediation cases, the parties are in high conflict and separated from each other almost immediately after mediation starts.   The mediator flutters back and forth between the parties in an approach called “shuttle diplomacy ”.  The parties may never have to meet together in the same room again.   Each party talks to the mediator independently and out of the presence of the other party.

The joint session is the opposite of this approach.   The mediator sits down with both parties to the lawsuit.   Here, the parties meet together.   They or their representatives explain their viewpoint.   This is particularly helpful for plaintiffs because they have greater opportunity to show how their life and their family has been impacted.   This also gives the defendant insight of how the plaintiff might appear in front of a judge or jury.   This strategy often allows the parties to see other as human beings, which can often make a tremendous difference in the case.