State three situations in which it may be appropriate to hold a separate meeting with one of the parties during mediation

What will be an ideal response?


The text provides the following examples:
• To discuss how to manage confidential information. In private, the manager can discuss with the party how he will share with the other party issues related to the confidential information without divulging their confidential aspects. For example, they can strategize how to communicate why the party's performance has declined recently without divulging a health condition or personal issue affecting performance.
• To help someone calm down, vent privately, or reassess how his negative or hostile behaviors are affecting his ability to negotiate objectively. A private conversation may be necessary to avoid embarrassing the party by calling out his inappropriate behaviors in front of the other party.
• To discuss the validity and feasibility of proposals made. For example, if a party becomes obstinate concerning a reasonable proposal made by the other party, the manager can encourage the party to evaluate the proposal seriously before dismissing it.
• To tone down the rancor of an overly aggressive party and build up the confidence of a less assertive party.
• To help a party express feelings and thoughts that she is unable to express in the joint session. The manager can help the party find a way to sort through and articulate these issues when the parties reconvene.
• Upon the request of a party. The manager should grant such a request, unless she perceives that the party is using it to avoid the other party or is attempting to manipulate her.
• To confer with a co-mediator. It may be necessary to call for a short break so co-mediators may check in and strategize, particularly if they perceive they are at an impasse.

Legal Studies & Paralegal

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