NCJ Number
107532
Journal
Negotiation Journal Volume: 2 Issue: 3 Dated: (July 1986) Pages: 257-271
Date Published
1986
Length
15 pages
Annotation
A mediator should routinely use separate sessions with each of the parties involved in a divorce or other family mediation, because the benefits outweigh the potential problems.
Abstract
Separate sessions can also be useful in other types of disputes, particularly those involving high emotionalism, a need to modify a party's bargaining strategies, an impasse, or an imbalance of power. Some authors view separate sessions as a violation of the collegiality that is a major goal of mediation. However, a mediation can be collegial as a whole even if every element does not involve all the parties. Separate sessions also need not compromise the mediator's neutrality, provided that the mediator is aware of this potential. Moreover, a private session with one party need not engender mistrust and insecurity in the other party. The mediator should focus on the outcome of the process rather than the form, and must be aware of the needs for both client trust and client candor. Separate sessions are particularly useful in promoting equality in the negotiations and in developing positive negotiating strategies in both parties. Thus, mediators should make separate sessions a routine part of the mediation process. They should also keep confidences as requested by clients, avoid saying anything to one party that the other party should not hear, and avoid too much use of separate sessions. 1 note and 4 references.