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Litigation

Jul. 30, 2002

Mediator's Golden Rule in Caucus? Confidentiality

Column by Jill Fannin - A significant portion of most mediations is spent "in caucus," with the mediator talking privately with one side or group. Many of the parties' strongest opinions about the mediator arise from these separate sessions. But because the caucus by definition takes place in private, it is often difficult for mediators and parties alike to compare notes on caucus do's and don'ts.

        By Jill Fannin

        A significant portion of most mediations is spent "in caucus," with the mediator talking privately with one side or group. Many of the parties' strongest opinions about the mediator arise from these separate sessions. But because the caucus by definition takes place in private, it is often difficult for mediators and parties alike to compare not...

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