Settlement and Alternative Dispute Resolution
ADR
In caucus the mediator meets privately with each party, receiving candid information and conveying only what the party authorizes. Most mediations proceed primarily through caucus after an initial joint session.
Information shared is confidential unless release is authorized.
Alternative Names:
Private Caucus, Separate Session
Why it Matters?
The mediator's ability to hold confidences is what makes caucus productive, since a party can disclose its actual authority and its assessment of weaknesses without that reaching the other side. Being explicit about what may be conveyed prevents the accidental disclosure that undermines a negotiating position. Parties should also recognize the mediator is caucusing with the other side using the same techniques, and information conveyed is filtered.
Frequently Confused with
Related terms
Frequently asked questions
What makes caucus productive?
What should a party make explicit?
