Mediator Tips
Caucus

A caucus is a time when mediators will meet with each party separately. It should be used sparingly, and only when other avenues have not been effective. Caucusing should not occur unless both parties agree it is necessary and timely.

When to caucus

• When you need independent clarification to confirm suspected spousal, substance or child abuse that may prohibit the parties from speaking freely in front of each other and may be a reason to discontinue the process.
• When the level of hostility is so intense that it inhibits communication.
• When either of the parties repeatedly responds in an unproductive way to questions, the other party, or options toward resolution.

Reasons for caucus

• To allow disputants to ventilate
• To assist parties to negotiate
• To clarify goals and concerns
• To generate options
• To examine alternatives

The Mediator's approach in caucus

Focus on the reason for the caucus. Determine with your co-mediator what you want to accomplish.

1. Gaining additional information.
   
   Example: "Could you tell me specifically what you mean when you say that Jane's method of disciplining Bobby is not right. Can you give us an example?"
   
   or
   
   Example: "It sounds to me like when you drink, your behavior effects Jane. Knowing this, are you willing to address the drinking?"

2. Reality testing to ask the party if mediation should continue and to explore other options for resolution.
   
   Example: "I've noticed that you are having difficulty being in the same room with Bob. I sense that you are angry and frustrated. What I am concerned about is whether this process is doable for you right now. What do you think? It is my feeling that you may need to think about other options and how they might resolve the issue.”

3. Coaching clients when they are stuck and want to save face.
   
   Example: "You are trying very hard, but my sense is that when you bring up Jane's indiscretion it blocks your progress when discussing parenting. Our hope for you is that your children will benefit from having both parents working cooperatively to raise them. Do you agree that we should focus on the children?"

Remember that even in caucus you must be aware of what you are saying and how you are phrasing your words. Be clear about your concerns and use "I" messages. Don't try to solve the problem- they have the solution. Focus on what can change: you can’t change the past but can change the future.