Mediation - around the table or in separate rooms?

People attending mediations often say they are nervous about sitting in the same room as the other party and ask about mediating from separate rooms or via a "shuttle" process.

In the majority of cases, even where there is considerable tension between the parties, I encourage them to at least commence their mediation around the one table.

The reasons include the following:

In my experience, it is generally beneficial to the mediation process for the parties to hear each other's concerns and issues directly;

They can each be more confident that the other party has in fact heard them;

They each hear an unabridged version of the other's views and not what the mediator has paraphrased;

By "breaking the ice" between parties who may not have spoken directly to each other for some time, the opportunity arises in many instances for some helpful discussion;

Brainstorming of options can be facilitated more effectively when the parties are in the same room;

Having a mediator or mediators present provides a safe environment in which to set the scene for an ongoing relationship between the parties (for example, when co-parenting after separation or divorce or needing to continue as colleagues in the workplace);

Some release of negative emotion is more likely if both parties are in the same room and when managed by a skilled and sensitive mediator this will often clear the way for more helpful and productive negotiation of solutions;

There is less chance of parties becoming suspicious about an alliance forming between the mediator and the other party;

The mediator's time is saved as he or she does not need to run between rooms and parties from the outset of the mediation;

If either party finds it too difficult to remain in the same room as the other party then it is a simple matter to change to shuttle mode at any time;

Parties are often most grateful for the opportunity to deal directly with the other party, whilst being supported by an even handed process.

Denise Britton
Co-Principal Brisbane Mediations