Advance knowledge of each party's position is especially helpful in multi-party construction cases. It allows the mediator to confer with each party instead of ignoring them when being introduced to a new party's position during mediation. Experienced mediators appreciate being advised of unique problems and personalities prior to the mediation. The initiative here rests with a party's attorney. Most mediators cannot guess at the presence or impact of one or more extreme personalities among the parties to a forthcoming mediation.
Many mediations begin with a joint session attended by all parties, their counsel and the mediator.
Joint sessions allow the mediator to set the tone for the negotiations to follow and provide an opportunity for others to express their views. Attorneys and their clients, however, should be careful to avoid incendiary comments in the presence of their opponents. Other professionals generally do not wish to be assaulted with bombastic, self-serving pronouncements by their adversaries. Offended parties have been known to leave mediations moments after opponents have launched into diatribes. Tact is the watchword in joint session remarks.