Answer: Not if you don’t want to. It’s common in mediation for the two sides to not be in the same room after initial introductions. Often, we use a “caucus” style mediation where you and your attorney are in one room and the nursing home’s side is in another, and the mediator goes back and forth between us. This means you typically will not have to speak to the nursing home’s lawyers or representatives face-to-face. In some cases, everyone might start briefly in a joint session for introductions or a short statement, but even then, your lawyer can do the talking for you. If seeing the other side is too painful or stressful (especially in a case involving your loved one’s harm), we can skip a joint session entirely. The process is meant to make you as comfortable as possible. So, don’t worry – you won’t be forced into any direct confrontations. If there’s anything you do want to say to the other side (for example, how the situation impacted your family), you can discuss with your lawyer the best way to share that – often the mediator can relay messages so you don’t have to say it directly. Overall, mediation is flexible, and we will structure it in a way that respects your comfort level.
