What is a meeting “in caucus”?

How a mediation unfolds, in other words how it happens in practical terms, depends on a whole host of factors including the level of conflict/tension between the mediating parties. These days, many mediations are conducted virtually (and I offer that option too) ~  the parties and the mediator connect through their devices using platforms like Zoom. The comments about caucusing that follow are  relevant to both mediations taking place in physical premises and those that are virtual.

 In the simplest terms possible a meeting “in caucus” is a private meeting between a mediator and one of the parties (and with their lawyer, if they have one assisting them at the mediation). Such a meeting can take place either in a physical or a virtual breakout room. In that context, the mediator and the party are able to exchange comments outside the earshot of the other party, in other words in complete privacy. Caucus meetings are particularly frequent in situations where the mediating parties do not get along to begin with or where there is a growing level of tension as the mediation progresses. The initial meeting may take place with the mediator and both parties present in either a physical or virtual space but over time, the mediator might decide to employ “shuttle diplomacy”, in other words, putting the parties in their own private spaces and then moving back and forth between them as the negotiations are unfolding. In these circumstances, the mediator’s meeting with each of the parties, separately, would be referred to as “meeting in caucus”.

 There are pros and cons to caucusing this way and the mediator needs to be conscious at all times of the frequency of such meetings and their specific purpose. Were at all possible, and safe and comfortable for for each of the parties, the mediator should consider having the dialogue and negotiations take place in front of him or her, so that the parties have an opportunity to craft their own solutions to their own, unique problems and to benefit from a lively dialogue, with the mediators assistance, about the issues in dispute.

 It is the mediator’s job to ensure, to the greatest extent possible, that neither party is at a disadvantage in the negotiations ~ he or she must be watchful for power imbalance. There are situations in which the negotiations can only take place by way of “shuttle diplomacy”, with the use of caucus meetings but that should never be the default approach.

©AJJakubowska