The presentation should set out a cohesive story or theme as economically and clearly as possible. Demon-strative evidence, such as videotapes, often is effective. If clients are present during mediation sessions, most mediators expect them to offer their perspectives. Most mediators do not take well to efforts by an attorney to prevent the mediator from asking questions of the client, especially during sessions when the other side isn't present. To help fashion an optimal agreement, the mediator needs to hear from the client what is most important to him or her.
Most mediators meet with parties in a combination of joint and separate meetings.
It is important for lawyers to understand the differences between these sessions. If the mediator intends to speak with the parties in separate sessions, it is important for advocates to make sure they understand the extent of the confidentiality to be offered by the mediator in those sessions. If the mediation is taking place under the auspices of a court program, the advocate should review the confidentiality rules governing the program. Most mediators in private practice have developed agreements to mediate explicitly establishing the mediator's offer of confidentiality to the parties. Some court programs, however, forbid mediators from using such agreements, so it is important for advocates to establish the scope of confidentiality protections applicable to their particular situation.