Posts Tagged ‘mediation caucuses’

GUIDELINES FOR CONDUCTING THE JOINT CAUCUS

Last month’s Mediation Message discussed the considerations for holding or not holding a joint caucus. This message looks at the guidelines when a joint caucus is going to take place.

• Who should be present? Ideally, all parties, attorneys and persons with settlement authority should be present but, occasionally, the circumstances (such as extreme hostility between the parties) may dictate that more can be accomplished if only the attorneys and mediator meet.
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THE JOINT CAUCUS – WHEN SHOULD IT TAKE PLACE?

At the end of a successful mediation, in which the participants had been separated during the entire process, the adjuster, who was from the East Coast, was surprised that there had been no joint caucus because it was his experience that they were mandated. That comment is the basis for this message which first reaffirms that every mediation should be approached as a unique event because no two cases are similar; even when the facts have a common theme, the needs, desires and personalities of the participants will vary. Accordingly, the following factors should be taken into account by the mediator and the parties in deciding whether or not to have a joint caucus.
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OPENING STATEMENT V. PRELIMINARY REMARKS

After the mediator’s introductory comments at the beginning of a mediation, counsel are given the opportunity to make an opening statement. Because the purpose and method of this presentation are both similar to and dissimilar from an opening statement at trial, I prefer to call them preliminary remarks.
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