The Strategic Use of Joint Meeting: A Mediator's Most Powerful Tool (but overlooked)

Joint sessions promote transparency, and if propery used could save time and make real progress. Caucus, or private meeting, is often more comfortable and easy to control for a mediator. However, its use must be strategic, not just habitual.

The primary function of a caucus is to gather information that parties are unwilling to share in front of their opponents. This is where you can probe for underlying interests, explore creative settlement options, and gently reality-test a party's position without causing them to lose face.

Yet, a key strategic choice NOT to call a caucus requires guts and preparation. Calling a caucus too early can prevent parties from communicating directly and hinder progress. A mediator can explore less controversial issues in the joint session. I have on numerous occasions helped parties to resolve procedural issues and conduct joint fact finding in joint session. In a land dispute between two siblings for example, I have facilitated the appointment of valuation expert and what instructions should be given to the expert, an issue that the parties had spent 6 months writing to each other and still cannot resolve.

At times, disputes are prolonged not due to the complexity of the issues, but because the disputants fail to take action. Insufficient pre-mediation preparation, an ineffective discovery process, and difficulty in understanding large volumes of documents can contribute to this. A joint session can accelerate the fact-finding process.

When employed with intention and precision, a join session becomes an invaluable asset for mediators. It fosters trust, drives progress, and establishes direct communication as the norm. Embrace this powerful tool to transform your mediation practice!