Conducting the Mediation 2026

Webinar Overview

In this webinar, we review the mediation process itself:

• What are the pros and cons of starting in a joint session and/or caucus, including opening remarks by counsel and/or parties? 
• When should you consider asking for a private caucus, or even an attorneys-only session? 
• How do you best arm/assist the mediator to facilitate the process?
• How do you ensure your client is prepared for the session, from understanding the process to having the right information or people available to answer questions or guide them?
• Why can creativity be a key element of the process?

We also offer tips on working through impasses, helping you recognize the benefits of mediation even if you don’t resolve the matter at that time, and positioning the matter for settlement in the future.  

Learning Objectives:

• Explain the key stages of the mediation session and how the process typically unfolds from opening remarks through negotiation, impasse, and closure.
• Evaluate the strategic advantages and disadvantages of joint session vs. caucus, including when to use opening statements by counsel and/or parties to advance resolution.
• Determine when to request private caucuses or attorneys-only sessions, using dispute dynamics, sensitive issues, and negotiation leverage as guiding factors.
• Support the mediator effectively to enhance settlement potential, including sharing useful information, framing issues productively, and equipping the mediator to manage expectations and move parties forward.
• Apply practical techniques for client readiness, creative option-building, and impasse management, including preparing the client for process realities, leveraging creative solutions, and positioning the case for future settlement even when mediation does not immediately resolve the dispute.

Other Webinars in this Series

• Preparing for Mediation: From Selection to Presentation of Claims 2026 (Premiered on April 21, 2026)