At a recent conference in Milan, held at the University of Milano-Bicocca University, on M&A and dispute resolution, mediation was a hot topic. Panellists discussed a number of areas ranging from mandatory mediation to arbitrating M&A disputes.
One of the key issues discussed was that of caucusing, a process in which the mediator speaks to the parties separately and privately during a mediation, away from the main meeting room. Caucusing is often combined with a joint session where both parties are present. However, some mediators prefer to keep both parties separate for the whole duration of the mediation, performing what is termed as “shuttle diplomacy”.
Source: JAMS ADR