The tension in the room was thick enough to cut. Two soon-to-be ex-spouses, once close partners, were now locked in a heated argument across the mediation table. Voices rose, hands slammed on the wood surface, and one partner sent her chair screeching backward as if she was ready for action. Before things could spiral into something akin to a barroom brawl, one of the attorneys calmly suggested, “Perhaps we should move to caucus.”
That single suggestion was enough to press pause on the verbal sparring. But for anyone unfamiliar with mediation, it could raise the question: What exactly is a caucus, and why might it help when tempers are running high?
Defining the Caucus and When It’s Used
In legal mediation, a caucus is a private meeting between the mediator and one party—often with that party’s attorney present. It’s held completely apart from the other side. Also, it’s not a break to cool off, though cooling tempers can be one benefit. It’s a structured, confidential discussion where a party can speak more openly without fear that every word will be used as leverage in the main session.
Caucuses are used for a variety of reasons:
- When emotions or tensions threaten to derail negotiations.
- When one side has sensitive information to share with the mediator.
- When the mediator needs to help each side rethink positions or explore solutions without the pressure of the opposing party watching.
How a Caucus Works
Once a caucus is called, the mediator moves each party into separate spaces. The mediator meets with one side first, listens to concerns, asks clarifying questions, and helps refine settlement proposals. The mediator may move between the rooms, carrying offers, counteroffers, or ideas—but only information that the party has expressly allowed to be shared.
This controlled separation often helps parties step back from confrontation and focus on the practicalities of resolving the dispute. It allows each side to test ideas, voice doubts, and receive candid feedback from the mediator.
When used skillfully, a caucus can break deadlocks, rebuild communication, and move negotiations toward common ground. The key is having competent legal representation on both sides to guide the discussion, safeguard a client’s interests, and ensure nothing is lost in translation.
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