ADR
Parties generally come to the opening joint meeting of a mediation well-prepared to present their positions to their adversaries and the mediator. Thereafter, the parties separate and meet in what is commonly called a caucus. Often, however, it is apparent that less thought has been given to the purpose of the caucus, including what the parties may expect and how it may be utilized in the most effective manner. In this article, I would hope to explore some of the objectives and opportunities presented to both the mediator and the parties by the caucus.
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