Unlike Workplace and Family mediations, where a joint session is always the core component, the traditional model for Civil and Commercial mediations is to have a Joint Opening session. However, no one can force you to.
People increasingly choose not to have one, and it may make little difference to the prospect of settling. However, all cases are different and you should consider whether settlement of your own dispute will be helped or speeded by having the joint session as follows.
First, bear in mind that the decision of whether to have the Joint Opening must be agreed with the other participant. Second, be aware of what value might be lost by avoiding it. It is the single opportunity to describe the impact of the other side’s behaviour directly and honestly, demolishing their wishful thinking the current predicament is all your fault, or that you are less human than they are. It is an opportunity to set an optimistic tone, to assure them of your determination to bring the dispute to an end, and to acknowledge that they too wish for an ending.
If you have not seen the other participants for a year, there will be barely any oil in the communications engine. The lubricating effect of the other side saying “Here we are, ready to mediate” is often striking and magical. Joint meetings can be game-changers and my advice is always to exploit them where useful. Be courageous. Do remember that I and your advisors are there to insulate you. Joint meetings can be bypassed without harm when the parties have been in close contact recently and everyone’s feelings are already known. It makes complete sense then to say “we all know what we feel, so let’s get to work now”.