Art of the Caucus

From - NMC In-Service “The Art of The Caucus” 8-19-2021, NOTES

Participant expectations included:

A refresher on caucusing, when to use it (concerns of under-utilizing it), forgetting about it in the heat of the moment, wanting to be more mindful of using it as a tool, hearing other’s experiences having been trained in the theory of not using caucus ever.

The Questions:

What is a caucus?

-Opportunity to meet individually to find information that might be under the surface

-An individual conversation

-different from political ‘caucus’

-a tool to be used sparingly

Do you use the word caucus?

-sometimes, although mostly people seem to glaze over at the word

-only if it becomes a tool to use, and even then often it is described without saying ‘caucus’

-if people seem adversarial at the very beginning I might explain it in the intro if I think I’m going to use it

What are the logistics of a caucus? What are some common things to keep in mind?

-Always meet with both parties

-Confidentiality of the conversations, only share if a party asks to do so

-Use sparingly

-Ask if you can share anything

Who chooses to go into the caucus?

-some mediators ask if they parties would like to caucus, some just do it; some agree that if the parties refuse we don’t do it

-parties with multiple participants may ask to speak privately (not with the mediator); on zoom the easiest way is to have everyone participating turn off their video and audio. When the participants are ready to come back they can turn audio/video back on and let the mediator know they’re back.

What happens in a caucus that can move the parties past impasse?

-freedom to say things in private that they wouldn’t say in front of the other party

-better able to access rational mind in a calmer space

-having time to reflect without feeling ‘watched’ by the other party

If you’re co-mediating, is it ever ok to split the mediators up to meet with parties at the same time?

-initial reaction was NO! Mediators are then the carriers of the message and it’s too easy for individual mediators to have heard something incorrectly; together it’s more likely the meaning is preserved (two sets of ears are better than one)

-staying together maintains the unified front that the mediators are presenting

-possibly if: parties have an issue with one of the mediators; gender becomes important, esp. in TPO cases

What are the potential upsides of using the caucus as a tool? (Objectives)

-Get them to talk about what they really want

-Cooling off for hostile situations

-Reduces aggression in some circumstances

-Can give them time to think when mediator is with other party

What are the downside risks of using a caucus?

-A crutch for the mediator

-can keep parties from owning the problem

-run the risk of mediator bias being created, either within the mediator or as perceived by the parties

-too easy to not take the message back correctly

-can feel like the mediator is solving the problem, not the parties

-can create doubt/mistrust: parties aren’t hearing what’s being said in the other room

-risk of mediator giving suggestions or being evaluative in caucus

-can complicate things for everyone

Under what circumstance would you never use a caucus?

-trying to salvage a relationship, any mediation where all parties should be hearing all comments so there is no doubt or suspicion about what is being said

In what situations would you always use a caucus?

-parties who have a potential for violence

Does your role as mediator change in caucus? How?

-you have to be very careful to not give suggestions or advice, to stay neutral and unbiased

-potential to be evaluative vs facilitative

-in caucus my guard is up

-the environment can elicit changes: ie, starting in a formal setting and caucusing in an informal setting, could work for or against success

Do you look different when you lead a caucus? How so?

-no, I try to keep the same calm demeanor throughout the mediation

-probably, I imagine I look calmer; it’s easier for me to interact deeply with one individual

- I don’t think so…..but every mediation is different!

What have you seen come out of caucuses?

-unexpected changes in parties when they aren’t acting a certain way for the other party; ie, calmer, less antagonistic, more open to resolution

-worse behavior, fear of the other parties kept them quiet in joint session

-attempt to sway the mediator (if they think the mediator makes a decision)

Here are a few links to articles that may be helpful on the topic:

To Caucus or Not to Caucus, that is the Question

https://www.mediate.com/articles/israelL13.cfm

Caucus Considerations

https://www.mediate.com/articles/GoldmanS2.cfm

Why We Caucus

https://www.mediate.com/articles/maherali-ali-caucus.cfm

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