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”
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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
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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
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