How can you use caucusing to resolve disputes?

1 When to caucus

Caucusing can be useful in a variety of scenarios throughout the mediation process, depending on the situation and the goals. For instance, it might be appropriate when emotions are running high and parties need to vent, calm down, or regain focus. It can also be useful when parties are stuck on positions and need to clarify or reframe their interests and needs. Additionally, caucusing can be beneficial when parties have confidential or sensitive information that they are not ready to share with the other side, or when they need to consult with their lawyers, advisers, or stakeholders before making a decision or proposal. Finally, caucusing may be beneficial when parties are close to reaching an agreement and need to iron out some details or confirm their commitment.

2 How to caucus

Caucusing is not a substitute for direct communication between the parties, but a supplement. Therefore, it is important to use caucusing strategically and sparingly, and to adhere to certain best practices. Before starting the mediation, explain the purpose and benefits of caucusing to the parties and get their consent. Make sure to balance the time and attention given to each party, in order to avoid creating a perception of bias or favoritism. Keep the caucuses short and focused, setting clear expectations and agendas for each session. Utilize open-ended questions, active listening, and reframing techniques to elicit information, explore interests, generate options, and test reality. Do not disclose any information that the party has asked you to keep confidential unless you have their permission or there is a legal or ethical obligation to do so. Additionally, do not make promises, guarantees, or suggestions that you cannot deliver or that might undermine your neutrality or credibility. Furthermore, do not pressure or coerce the party to accept a certain outcome or solution; instead help them evaluate the pros and cons of various alternatives. Finally, summarize the key points and action steps at the end of each caucus and check for understanding and agreement.

3 How to resume

After caucusing with each party, it is essential to resume the joint session and facilitate the continuation of the negotiation. To do this effectively, thank the parties for their cooperation and participation in the caucuses, and review the ground rules and expectations for the joint session. Summarize the main issues and options that emerged from the caucuses, and invite the parties to share any information, proposals, or feedback that they are willing to disclose with the other side. Help them narrow down the options, address any remaining concerns or gaps, and move towards a mutually acceptable agreement. If necessary, repeat this cycle until they reach a resolution or decide to end the mediation. Caucusing is a powerful tool for mediators and disputants to overcome challenges, create opportunities, and build relationships in the mediation process. When used wisely and skillfully, it can greatly improve conflict resolution outcomes.

4 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?