People often think of mediation and other forms of alternative dispute resolution (ADR) as parties sitting across a conference table from each other trying to find a resolution to their case – whether it’s a business partnership dispute, a car crash claim or a problem with a neighbor or homeowners’ association (HOA). That doesn’t have to be the case. Caucuses can be an important part of the mediation process.
Typically, after a joint session with the mediator where both sides present the issue to be decided, the mediator will then start to meet with each side individually in separate rooms or locations. They generally move back and forth between the parties for as long as necessary until an agreement is reached.
Why caucuses can help parties in conflict
If caucusing is used, it’s critical that the mediator understand each party’s perspective, concerns, needs and ultimate goals since they’ll need to present those accurately to the other party. By hearing the other side from a neutral person (the mediator), each party can often hear and understand it more clearly than if it were said directly by the person with whom they’re at odds. It’s easy to tune out people with whom we disagree or to hear or infer something they didn’t actually say or mean.
One of the key reasons caucuses may be used is because a dispute is highly contentious. This can apply in cases where the parties may not know each other (for example, with car crash claims) or those where they know each other very well (such as business partner disputes and divorces).
Confidentiality in caucuses
It’s important to know, however, that a party can require that specific information shared during a caucus be kept confidential. They may want to share information with the mediator to help them better understand their point of view but not want that information shared with the other party. That confidentiality between each party and the mediator is one advantage of using caucuses in mediation.
Mediation can be an effective way to settle a dispute. Some 80% of all mediated disputes reach a resolution. Mediation can also be much more efficient and less time-consuming and costly than litigation. Having an experienced, skilled mediator can make all the difference.