Private Caucusing vs. Joint Sessions in Family and Commercial Disputes: Should We Try a Little More Togetherness?

In both complex commercial and family disputes, the caucus-style mediation has been the predominantly employed method over the joint mediation session. But as society and business systems continue to evolve, the mediation process must also evolve to where mediators should more aggressively explore the benefits of joint sessions with the parties at the outset of mediation. In a new generation of transparency-driven parties—faced with issues of growing complexity and personal implications—it calls for a dispute resolution process that is less obscure and manipulative.