Caucus - in Alternative Dispute Resolution

In Alternative Dispute Resolution

The term caucus is also used in mediation, facilitation and other forms of alternate dispute resolution to describe circumstances wherein, rather than meeting at a common table, the disputants retreat to a more private setting to process information, agree on negotiation strategy, confer privately with counsel and/or with the mediator, or simply gain "breathing room" after the often emotionally-difficult interactions that can occur in the common area where all parties are present. The degree to which caucuses are used can be a key defining element, and often an identifier, of the mediation model being used. For example, "facilitative mediation" tends to discourage the use of caucuses and tries to keep the parties talking at a single table, while "evaluative mediation" may allow parties to separate more often and rely on the mediator to shuttle information and offers back and forth.