• When separate caucuses are used, the mediator typically shuttles between the two (or more) sides of a dispute to communicate offers and demands. Formerly, ABA Model Rule of Professional Re-sponsibility 2.2 (governing when a lawyer could act for more than one client or as an intermediary between parties) applied when a lawyer acted as a mediator. Although the rule was deleted from the Model in 2002, many states have similar rules in effect. The rule requires a lawyer acting as an intermediary to inform the parties about mediation and the mediator’s role, to act impartially, and to have a good-faith belief that the matter can be resolved in all parties’ best interests.
separate caucus
A confidential mediation session that a mediator holds with an individual party to elicit settle-ment offers and demands.
