A caucus is a private meeting that mediators may hold with each disputant. One benefit of a caucus is that it promotes openness and candor, in a safe and private setting. Also, in caucus the mediator may use coaching techniques to help parties explore effective ways to work through difficult conversations with the other party. When used wisely, caucusing can promote elegant resolutions to conflict.
When I first became a mediator, I was intimidated by the idea of facilitating a caucus. During a caucus, confidential information is often shared with the mediator. Reentering the main session after a caucus left me conflicted, as I had private information about each person’s opinions, concerns, and limitations. While tempting, it’s inappropriate for the mediator to use this information to coerce each side to share what they had offered up in the caucus. When I was a novice, caucusing felt awkward, like a waste of time, and a betrayal of the parties’ trust in the process and in me as their mediator.
Over time, whether as an observer, mediator or coach, I have witnessed several occasions when mediators skillfully used caucuses to not only deescalate the conflict, but also to aid the parties in discovering their best solutions. I knew that I needed to become more confident in facilitating a caucus and identify the benefit of this element of a mediation. I eventually have learned to embrace the wisdom in using caucusing, even if only sparingly, as I will discuss in this article.
Privacy Promoting Candor
Caucuses offer parties a space to express themselves in the absence of the other party. They may frankly share their feelings, contributing factors that they do not want others to know about, and potential areas that they are willing to negotiate but do not want to fully expose to others in the room.
A skilled mediator knows not to divulge information that is discussed in a caucus with other parties unless permission is given during the caucus and, even then, only if sharing the information helps move the parties toward a resolution. With this basic understanding, parties often feel comfortable volunteering sensitive information that is significantly influencing the conflict, but they do not want the other person to know.
Here are some examples of cases when parties would use a caucus to discuss a private matter:
A supervisor may share in caucus that she receives multiple confidential complaints about her subordinate, who believes only the supervisor is dissatisfied with performance issues.
A husband may reveal in caucus that he is in an extramarital relationship and does not know how to break it to his wife.
A manager states in caucus that the employee in mediation, who has had several disciplinary actions, must comply with certain requirements or her employment will be terminated.
One neighbor may tell the mediator he doesn’t want his neighbor to know about his suspicions that the other party stole something out of his garage.
Some parties may engage with a caucus as a space of emotional relief, which may be essential to allowing them to effectively engage in the mediation. A space where they can say what they are truly wanting to say but do not feel comfortable saying with the other party or parties in the room. Whether sensitive information is shared in a caucus or the main session, an aware mediator will acknowledge that information without allowing it to distract from the purpose of the session. A mediator can validate the emotions of a party by thanking them for sharing, offering empathy–when appropriate–and summarizing what was said. If a mediator does not acknowledge sensitive information being shared, a party may continue to resurface the information to seek the mediator’s attention.
Oftentimes, this sensitive information can reveal factors that are contributing to the conflict and hidden interests. Parties may also explain with greater transparency and honesty concessions they may be willing to make or how much they are willing to negotiate. A disputant withholds information from the other party for various reasons. They may be afraid of losing face, they may want to know the optimum resources they’re entitled to receiving from the other party or they are simply afraid of discussing certain information in the joint session.
An Opportunity to Explore Options
If sensitive information is shared in a caucus without further facilitation from the mediator, a mediator can find herself in a precarious position of what to do with the information. This brings us to the second benefit of a caucus. A caucus provides the mediator with the opportunity to coach the party on how they can communicate what they shared in the caucus in an effective and beneficial manner. Through the coaching process, it is imperative that the mediator does not provide suggestions, but rather continues to ask open-ended questions that encourage the party to deeply reflect on the situation and the path forward. The following open-ended questions may be successful in supporting the party in learning how to communicate important information with others in the main session.
How would you like to communicate this information to the other party?
What information is important for the other person?
What fears do you have in communicating this information to the other person?
How do you think this information would influence the mediation process?
The above questions and other similar questions can allow a party to gain confidence in how they will navigate engagement with the party and parties upon the conclusion of the caucus. Thought provoking open-ended questions also do not encroach on the parties’ control over what information is shared and the agreement that is hopefully reached by the end of the session.
Tips for Wise Use of Caucusing
There are some basic technicalities that are important to remember when facilitating a caucus. Firstly, it is important to provide an overview of the caucus process during the opening statement. Additionally, regardless of who initiates the caucus, a skilled mediator will offer all parties the opportunity to have a caucus. In the offer, the mediator should be transparent about how much time each party will have and adhere to this limit with each party.
Very rarely will a party really take advantage of sharing personal information and using the caucus as a space to unload emotional burdens. To deflect responsibility of ending the caucus, but also respecting the time limitations, the mediator may choose to use a timer that will sound when the time is up.
Lastly, at the end of a caucus, it is important that the mediator clarify with each party what information they are comfortable with the mediator sharing. This is critical.
Here are some questions to consider when seeking permission to share:
I usually ask, “What have you told me during this private meeting that you do not want me to share?” Framing the question this way encourages the parties not to limit what was said too much and it usually works.
In a multiparty mediation, ask, “Is there information you don’t mind me sharing with the other parties, but you would rather not be identified as the source?”
How would you like to share what you have told me with the other party when we return to a joint session? (This puts some responsibility on the parties.)
Finally, at IMA we train in the facilitative mediation model, encouraging dialogue between parties as much as possible. Also, I’ve learned to consider if I’m using caucusing simply because I, as the mediator, am uncomfortable with tension in the room. Mediators should check themselves when this happens, as the parties’ tension may actually signal they are gaining momentum in their progress toward resolution. Sometimes the parties’ own processes, particularly if they are not exactly warm and fuzzy, can help them discover underlying communication issues they need to resolve.
We caution our trained mediators to use caucusing sparingly. We believe this preserves the integrity of the mediation process and promotes the parties’ trust in the mediator.
Caucusing for Elegant Resolutions
Caucusing can feel awkward and intimidating for new mediators, as was my experience years ago. In the private session, parties may share sensitive information, bounce ideas off the mediator or express deep emotion. Mediators can optimize the caucus space by creating a safe environment to be candid and honest about what is holding them back from moving toward resolution.
Additionally, the mediator may coach parties through open-ended and reflective questions to explore options they may feel inhibited to express in a joint session. As my practice grows, I have learned that when used wisely, caucusing in mediation can promote elegant resolutions to conflict.
If you want to learn how to use caucusing effectively, I invite you to join the IMA community. Whether you are just exploring the mediation field or you wish to advance your skills, our team is prepared to support your journey.
What experiences have you had with caucusing in mediation? Share in the comments below.
