Caucus with Care: The Impact of Pre-Mediation Caucuses on Conflict Resolution

21 Pages Posted: 6 Jan 2008

Date Written: 2007

Abstract

Mediation training does not acknowledge the potential of private meetings between mediator and disputants before a joint session. However, analyses of 1381 labor and family mediations in The Netherlands show that the use of private meetings to establish rapport prior to the mediation positively impact the quality of settlement because they help resolve interpersonal and goal conflict. The results also show that within the context of labor mediations, mediators should use these initial caucuses to establish trust and not to encourage settlement proposals. Ironically, these initial caucuses were least likely to be used when conflict was high, and yet when used, conflict was reduced.

Analyses of the frequency of caucusing during the mediation revealed a much weaker effect. Although such caucusing reduced interpersonal conflict in family mediation, no such effect was present in labor mediation. Moreover, these caucuses during the joint session should be used to establish trust with disputants and not to encourage settlement proposals. Taken together, the results show that mediators should reconsider the role of caucusing in mediation, and carefully match the timing and purpose of the caucus with the context of mediation.

Suggested Citation

Swaab, Roderick I. and Brett, Jeanne M., Caucus with Care: The Impact of Pre-Mediation Caucuses on Conflict Resolution (2007). IACM 2007 Meetings Paper, Available at SSRN: https://ssrn.com/abstract=1080622 or http://dx.doi.org/10.2139/ssrn.1080622

Roderick I. Swaab (Contact Author)

INSEAD ( email )

Boulevard de Constance
77305 Fontainebleau Cedex
France

Jeanne M. Brett

Northwestern University - Kellogg School of Management ( email )

2001 Sheridan Road
Evanston, IL 60208
United States
847-491-8075 (Phone)
847-491-8896 (Fax)

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