Understanding the Interaction in Mediation Caucuses: Negotiation Positions, Disputant Assessments, Bias and Neutrality

Previous research on how mediation helps disputing parties reach resolution has not addressed the interaction in caucuses between mediators and individual disputants which may be held in addition to the joint mediation sessions. This discourse-analytic study of videotaped mediation caucuses reveals both constructive and potentially problematic aspects of participants’ interaction during the caucuses. While some disputants engaged in constructive actions such as articulating their bottom line negotiating position or sharing information with the mediator which had not been revealed in the joint session, others produced negative assessments of the opposing disputants. In addition, mediators’ openness with their own opinions during caucuses undermined their ability to display neutrality and avoid taking sides. Implications of these findings for mediation practice and further research directions are discussed.