Caucus

The caucus is one of the mediator's most important tools. When a joint session reaches an impasse, or when a party needs to speak candidly about something they cannot say in front of the other side — the real limit of what they will accept, a personal circumstance that is affecting their position, or a concern they have not voiced — the mediator can call a private caucus with each party separately.

What happens in a caucus

In caucus, the mediator can:

• Explore the party's actual interests (as distinct from their stated positions)
• Reality-test the party's assessment of their best alternative to a negotiated agreement
• Hear concerns or information the party is unwilling to share with the other side
• Convey proposals or information between the parties (shuttle diplomacy)
• Help a party prepare to make or receive an offer without losing face

Confidentiality in caucus

Anything a party tells the mediator in caucus is confidential. The mediator will not share it with the other party without the disclosing party's explicit consent. This is what makes caucus useful: a party can be honest about their real bottom line, or about a personal factor driving their position, without fear that the information will be used against them.

Not all mediators use caucus the same way

Some mediators rely heavily on caucus and conduct most of the mediation through shuttle diplomacy with very little joint session time. Others prefer to keep parties in the same room and reserve caucus for moments where joint discussion has broken down. There is no universal right approach — the mediator's choice reflects both their style and the dynamics of the particular dispute.