Wednesday, April 9

The changing nature of the plenary session in mediation

I couldn't disagree more with this post from Hull & Hull's usually very agreeable Toronto Estate Law Blog but what the hell, read it and weep.

"However, plenary sessions have largely changed. It is now widely recognized that allowing counsel and parties to make opening statements only inflames the situation.
... a plenary session should, in my view, consist of the following:
>A brief discussion by the mediator of his/her role as well as the ground rules for the day;
>An emphasis on why it is in the parties' interest to resolve the dispute at the mediation rather than later on within the court process;
>An overview presented by the mediator of the outstanding issues and disputed facts; and
>Constrained input from the parties..."

Then do yourself a favour and read In Praise of Joint Sessions

No comments: