Take control and influence the other side's thinking

The opening joint session is a unique opportunity to influence the other party’s thinking. Rather than re-running familiar issues, consider ‘what might it take to get the other side to change their thinking?’
Perhaps telling them your case is unanswerable and theirs is hopeless will make them re-think – but probably not! A more constructive tone can be set by expressing a willingness to be flexible, or recognising a measure of litigation risk.  
Introducing non-financial elements that have not yet have been floated can soften positions and make settlement more tangible, such as an agreed press statement, or ways of working together in future.
Even surprising the other party with a positive suggestion not previously made can unlock discussions, and encourage reciprocal movement that makes the negotiation more productive.
Lawrence Kershen QC & Alan Greenberg - Quanta Mediation