Alternative Dispute Resolution
May 2, 2015
New norm for joint caucuses in mediation
In the 1990s and early 2000s, the accepted practice was that a joint caucus should be held at the beginning of every mediation. By Michael Marcus
Michael D. Marcus
Mediator
ADR Services, Inc.
Judge Marcus (Ret.) has a well-deserved reputation throughout California as a skilled, personable and forceful mediator and a fair and impartial arbitrator, having been honored by the Daily Journal as a "Top Neutral" for six years and as a "Southern California Super Lawyer" for 2008-2020. He has mediated over 3,000 matters and arbitrated more than 100 cases.
No part of the mediation process has evolved more in the 14-plus years that I've been involved than the joint caucus. When I trained as a mediator, I was told that every mediation should begin with a joint caucus; now, it is rare for mediations to begin in this fashion. That change is reason to give a fresh look at the joint caucus.
The joint caucus, as contrasted with a separate caucus, is a meeting of the mediation participants...
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