Joint Session Versus Caucusing: The Information Expansion
1644 WordsMar 29, 20177 Pages
Joint Session Versus Caucusing: The information expansion techniques used during the mediation include: narrative focused questions (chronological), open-ended questions, and topical follow up questions. During the joint session, the discussion was mainly focused on information gathering and then followed by interest. Discussions during the caucus meeting were focused on bargaining and evaluation of weakness that may change the outcome at trial. Caucusing was managed effectively to further settlement.
Impasse and Closing: The parties reached a mutually agreeable settlement. I was surprised that the parties didn’t come prepared to pay the contract before leaving the mediation. It was shocking that the parties agreed to have the settlement…show more content…
Later to encourage the parties about the value of finality, I emphasized how close the option on the table was to what there expressed wants were. As a follow up, I then compared the amount they would be walking away from to the uncertainty of trial and the expense would likely be more that the amount in dispute currently.
Lawyer Issues: I think the case was probably brought to mediation, because the plaintiff’s attorney did a horrible job of managing her client’s recovery expectations. In retrospect, maybe I could have pushed for caucusing sooner, but I wanted to avoid rushing the process and risk having to start all over again. It was difficult at times to explain how damages would likely be determined at trial, while avoiding giving legal advice or speaking in definitive terms.
Intimacy, Authoritativeness and Trust: Throughout the mediation I was effective in gaining the parties confidence and trust. I could have made a little more small talk at the beginning. I was warm and facilitative to the parties reaching settlement. Initially I chose to take a less authoritative role to begin with, because I was more interested in getting the parties confortable to tell their story. I utilized a passive role in the beginning of the mediation to allow the parties to have ample time for the parties to vent, and openly discuss the problems that brought them to mediation. When I thought the parties needed to be motivated to come to a mutual agreement I took