FAQ: What is my attorney's role in mediation? (click here to return to FAQs)


REASONS TO CAUCUS (where the mediator meets privately with each party):

To attempt one of the following listed techniques in the open, joint session is less productive, if not counterproductive. Lawyer-advocates are not neutral and can’t caucus except with their own clients. Only mediators can caucus with both parties. Thus mediated negotiations tend to be more productive and reach settlement more often and more quickly than negotiations which are not facilitated by a mediator.

1)To separate one party from the intimidating conduct of the other.
2)To allow intense emotions to be vented.
3)To encourage candor (openness).
4)To clarify perceptions or misperceptions.
5)To generate options (alternative solutions).
6)To focus on and to gain commitment to a particular option.*
7)To act as a sounding board for a party.
8)To conduct reality testing of a party’s proposal.
9)To gain a better understanding of the realities of the conflict
10)To move from positions to interests.
11)To deflate extreme positions.
12)To prevent a party’s premature concessions or commitment in joint sessions.
13)To determine whether an acceptable bargaining range has been established.
14)To identify possible areas of trade-offs.

All but #6* are included in a list of 30 reasons to caucus found in “Elements of Mediation” by Sharon C. Leviton et al. © 1997 Brooks/Cole Publishing Company, Pacific Grove, CA., pg 42 et seq.

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