Initial Caucus Session in Mediation

Dear all,

Initial Caucus Session in Mediation

I am Natalia Cheung, a Hong Kong International Arbitration Centre (HKIAC) Accredited Mediator and a practising solicitor in Hong Kong.

I would like to share with you some information on caucus session in mediation.

 

At the conclusion of the initial joint session, mediator will usually separate the disputed parties and meet with them privately (i.e. caucus session).

The purpose of the caucus session is to enable the mediator to identify and explore the underlying concerns and interests of the disputed parties and to have better understanding of the parties’ views and positions to the disputes.

During caucus session, mediator would encourage the parties to openly and frankly discuss their difficulties in the disputes or to disclose confidential information relating to the disputes so as to assist the mediator to identify the barriers to settlement and to facilitate the parties to overcome such barriers.

Mediator should assure a party that his/her confidential information will not be disclosed/ communicated to the other side without his/her prior consent.

Mediator may often pose questions directly to the parties’ legal representatives to enable the parties to have a more realistic and accurate understanding of their own positions and needs and those of the opposite side, and to explore settlement possibility and options.

 

Questions that may be posed include:  

“Why do you want to engage in the court case?”

 “How do you assess the strengths and weaknesses of your case?”

“What do you think the opposite side really wants?”

“Have you thought of the implications of the court proceedings and decision on you and/or your company?”

 

Through the caucus session, mediator should help the parties to move away from focusing on the perceived merits of their case but to work together for a mutually interest based problem solving approach to the disputes.

For further information on mediation, please contact Ms. Natalia Cheung 

[(852)-6777 5767]

E-mail: natalia@plaw.hk

 

Natalia Cheung 

HKIAC Accredited Mediator & Hong Kong Solicitor

Pang Kung & Co., HK Solicitors & Notaries & Civil Celebrants of Marriages

   

 

Disclaimer: The above is for your information and reference only. The contents do not constitute legal advice or a substitute for legal advice in individual cases.