Part Iib Some Thoughts About Mediation
- 1. Sidebar: To Caucus or Not To Caucus Comfort Level? Who Should Participate? Timing? Logistics? Ronald W. Brown, Esq. 1
- 2. Sidebar: To Caucus or Not To Caucus Some mediators and parties are comfortable with using a sidebar caucus and others are not. I am comfortable using sidebar caucus.
- 3. Sidebar: To Caucus or Not To Caucus Selecting which party to caucus with first can be perceived as favoring that party. Also taking longer to caucus with one party can result in the same perception. Logistics of where one party waits while a caucus takes place can also present a challenge, for example one party waiting in a hallway while the other party is in a caucus room.
- 4. Observation About Types of Mediation Some mediators prefer to use only one style while other mediators prefer to use a blend of styles. If you have a preferred style, ask the mediator if he/she uses your preferred style. Ronald W. Brown, Esq. 4
- 5. Each Mediation Is Unique “Each mediation presents its own set of challenges with its unique issues, personalities, sensitivities and impediments to settlement. Who is at the table, what is on the table, when the discussions should take place, the sequence and manner in which parties and issues are addressed, all have tremendous impact on the likelihood of a successful resolution.” Edna Sussman, “The Reasons for Mediation’s Bright Future” Ronald W. Brown, Esq. 5
- 6. NINE GOOD THINGS THAT MEDIATION DOES 1. “Encourages direct communication between the parties.” 2. “Helps people decide for themselves.” 3. “Allows for the expression of emotions.” 4. “Defuses anger.” 5. “Explores creative means of solving problems.” American Bar Association, Division for Public Education, Mediation http://www.abanet.org/publiced/courts/courtsmediation.html Ronald W. Brown, Esq. 6
- 7. NINE GOOD THINGS THAT MEDIATION DOES 6. “Promotes cooperation.” 7. “Preserves the strengths of an ongoing relationship.” 8. “Helps people accept the consequences of their own decisions.” 9. “Develops a model for resolution of future conflicts.” American Bar Association, Division for Public Education, Mediation, http://www.abanet.org/publiced/courts/courtsmediation .html Ronald W. Brown, Esq. 7