Bill:
I think it is important that the parties all have an opportunity to meet in the same room, even if only for the beginning for a joint presentation of the cases. It is often the best and first opportunity for the parties to see each other since the lawsuits were filed – their first chance to speak directly to each other. So the reason I tell you this is because this was always my expectation of mediation. Upon arriving at a mediation recently, however, the mediator kept us separated from beginning to end. When I objected (I had even prepared a presentation of our claims with a powerpoint), the mediator simply told me that she didn’t do things that way. Knowing what I know now, I should have asked (what I thought was an obvious question) if the parties would have an opportunity to meet under her mediation format. Losing that opportunity reduced the efficacy of the experience for all of us.
Eric