Caucus & Reframing

Question 1

Boulle and Kelly say that mediators are required to make strategic judgment about when and why to caucus and list some of the times and circumstances when mediators may choose to meet separately with the parties. These include:

Answer 1

→ If a breakdown or deadlock has developed in the negotiations
→ Early in the mediation (after party rep), in order to gather information which has not been disclosed
→ Where the mediation has lost momentum or become unproductive

Question 2

When dealing with separate meetings/caucus, Boulle and Kelly strongly believe that if you are co-mediating

Answer 2

Mediators should remain together during caucusing

Question 3

Which of the following do Boulle and Kelly say is a principle source of concern about caucusing:

Answer 3

It gives a mediator considerable power and leverage over the parties

Question 4

This is not a safeguard that Boulle and Kelly suggests with respect to caucusing

Answer 4

If you are co-mediating, have each mediator caucus with different parties

Question 5

Boulle and Kelly list several functions of Reframing. They state that reframing can serve to

Answer 5

→ Substitute an accusation
→ Shift focus from a claim to interests
→ Focus attention to the present and future
→ Go from a negative to a positive