During a joint (plenary) session at mediation, a lawyer shouldn't restrict his or her comments to the mediator or even to the other counsel.
Speaking to and making eye contact with the opposing party is vital. After all, it is the party's case.
Many lawyers will only look at and speak to the mediator. However, it is not the mediator's case. The mediator is neutral and cannot make a binding decision.
Why not then speak directly to the person who has the power to settle the dispute?
