Alternative Dispute Resolution
Apr. 23, 2011
Shall We Caucus — or Not?
The best approach to mediation - plenary session or caucus - depends on the circumstances. By Robert K. Wrede of Pepperdine Law School.
The rather meteoric rise in the popularity of mediation during recent decades has inspired academics and practitioners to engage in energetic discussion of the merits and demerits of various approaches to conducting effective mediations. One such debate involves whether mediation should be purely "facilitative" - with mediators limited to providing pleasant surroundings, "actively listening" to the participants, and dutifull...
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