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