Facilitate a mediation caucus
Reinforce ABA / court-mediation order from mediator training. A caucus offer is not carried as a fact, and a settlement is not announced until both sides have signed.
- Explain confidentiality in joint session.
- Explain the caucus rules in joint session.
- Meet each side separately.
- Carry only the offers and facts you are authorized to share.
- Reality-test without giving legal advice if you are a non-attorney mediator.
- Return to joint session for the memorialized agreement.
- Do not tell one side the other ‘will never’ do something you were not authorized to say.