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RIGHT BRAIN APPEALS

Joint v. Separate Caucuses

Where the parties are predominantly involved in “integrative” bargaining, their efforts to work together in a creative and cooperative manner to resolve their dispute are best accommodated by keeping them in the same room to work together throughout the negotiation.

This joint caucus approach is unworkable, however, where the parties are involved in “distributive” negotiations. In that case, each side requires a place in which its representatives can carry on discussions with the mediator, and amongst themselves, in private.

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