Can the mediator tell the other side what was said in a caucus?

It depends on the program. The Northern District of California's ADR Local Rule 6-11(b) and the Columbia Judicial Circuit's mediation guidelines in Georgia both bar passing caucus information to the other side without the consent of the party who disclosed it. Some mediators instead share caucus information they consider appropriate unless told otherwise. Ask which default applies before the first caucus, and take case-specific questions to a licensed attorney.

Can a caucus be held without a party's lawyer present?

Some programs allow it. Under the Northern District of California's ADR Local Rule 6-11(b), the mediator may caucus with each side or each lawyer, or with the clients only if the parties agree. A Sonoma County Superior Court handout says caucuses may involve the client and attorney, the client alone or the attorney alone, depending on the mediation's needs and the participants' comfort level. Discuss any such arrangement with your own lawyer first.

Does every mediation use private caucuses?

Not necessarily. The Northern District of California's ADR Local Rule 6-11(a) gives mediators discretion to structure the mediation to maximize the benefits of the process, and the Tenth Circuit's mediation program describes a series of joint and separate caucuses. Whether a given session uses caucuses, joint sessions or both is usually set out in the program description or decided by the mediator, and practice varies by court and jurisdiction.

Dispute Options

What Is a Caucus in Mediation? Joint vs Private Sessions

Q: Is everything said in a caucus completely confidential?

No program reviewed here promises absolute secrecy. The Northern District of California's ADR Local Rule 6-12(b) lists exceptions, including disclosures stipulated by all parties and the mediator and disclosures otherwise required by law. The Columbia Judicial Circuit guidelines exclude threats of imminent violence and situations where the mediator believes a child is abused or someone's safety is in danger. The exact scope varies by jurisdiction, so confirm it with a licensed attorney.

The Legal Storyboard · Updated 2026-10-13 · 6 min read

What Is a Caucus in Mediation? Joint vs Private Sessions

AbstractA caucus in mediation is a private meeting between the mediator and one side, held apart from the joint session where all participants meet together. Who attends a caucus, and whether anything said there may reach the other side, depends on the program's rules. In the Northern District of California, the mediator may not disclose caucus communications without the consent of the party who made them. Rules vary by court and jurisdiction, so a licensed attorney should advise on any specific case.

Contents

What is a caucus in mediation?
What is the difference between a joint session and a caucus?
Who is in the room during a caucus?
Who decides whether caucus information reaches the other side?
Does "confidential" mean nothing said in a caucus can ever leave it?
Does the mediator give legal advice during a caucus?
What should a first-time reader look for in a mediation description?
Sources

What is a caucus in mediation?

A caucus in mediation is a private meeting between the mediator and one side, held apart from the joint session where all participants sit together. An information handout from the Superior Court of California, County of Sonoma describes it as "a private discussion with each side, sometimes called a caucus." Whether the mediator may repeat anything said in a caucus depends on the program's written rules and, in many programs, on the consent of the person who said it.

This article is general legal education, not legal advice. Mediation rules vary by court, by state and by country, and anyone involved in a specific dispute should take questions about it to a licensed attorney.

What is the difference between a joint session and a caucus?

A joint session is the part of a mediation where everyone meets together with the mediator. In the federal mediation program of the Northern District of California, the session "typically begins with presentations of each side's view of the case, through counsel or clients," and the mediator "may meet with the parties in joint and separate sessions" (N.D. Cal., Mediation). The Sonoma court handout describes the same opening: each party presents an uninterrupted opening statement, after which the mediator and parties may ask each other questions or respond.

A caucus is the separate meeting. According to the Sonoma handout, during a caucus "statements previously made in the joint sessions are explored more fully," and the mediator helps the parties and counsel see the strengths, weaknesses, positions, arguments, risks and possibilities of their case.

The order is not fixed. The Tenth Circuit's appellate mediation program states that the mediator conducts the mediation "in a series of joint and separate caucuses," and that the discussions "may be with all parties present or with each side privately" (Tenth Circuit). In the Northern District of California, ADR Local Rule 6-11(a) provides that "Mediators shall have discretion to structure the Mediation so as to maximize the benefits of the process" (N.D. Cal. ADR Local Rules).

Who is in the room during a caucus?

Not always the same people. Under the Northern District of California's ADR Local Rule 6-11(b), "The mediator may hold separate, private caucuses with each side or each lawyer or, if the parties agree, with the clients only." The Sonoma handout describes a similar range: caucuses "may include meeting with the client and their attorney, the client without their attorney, or only with the attorney, depending on the needs of a particular mediation and the comfort level of the participants."

Who must attend the mediation at all is a separate rule. In the Northern District of California, ADR Local Rule 6-10 requires all named parties and their counsel to attend in person unless excused; a corporation or other non-governmental entity attends through a representative "(other than outside counsel) who has final authority to settle," and insurer representatives are required to attend in person unless excused. Other programs set their own attendance rules.

Who decides whether caucus information reaches the other side?

Two things usually govern onward communication: the program's written rule, and the permission of the person who spoke.

In the Northern District of California, ADR Local Rule 6-11(b) states that "The mediator may not disclose communications made during such a caucus to another party or counsel without the consent of the party who made the communication." The guidelines for mediation used by the Superior and Probate Courts of the Columbia Judicial Circuit in Georgia take the same approach: "Confidential matters disclosed in a private meeting or caucus with one party will not be divulged to the other party without the consent of the party making the disclosure" (Columbia Judicial Circuit, Guidelines for Mediation).

Not every mediator starts from that default. A 2016 article on the International Academy of Mediators website, discussing a 2014 survey by that academy and the Straus Institute for Dispute Resolution at Pepperdine, describes two practices: some mediators tell parties that all caucus information will be confidential unless the party instructs the mediator to share it, while others tell parties they will share information learned in caucus "as they see appropriate" unless instructed otherwise (IAM, Handling of Information Shared in Caucus).

Where a written rule does not settle the point, the mediator's own practice may. The Sonoma handout states that the mediator "should discuss her or his practice regarding confidentiality of information disclosed during private caucuses with all participants present before engaging in private discussions." Asking which default applies is a question about process, not a commitment to say anything. What, if anything, a party says in caucus is a decision for that party and their own lawyer.

Does "confidential" mean nothing said in a caucus can ever leave it?

No. The caucus rule concerns what passes between the sides inside the mediation. A broader confidentiality rule concerns what passes from the mediation to the outside world, including the judge.

In the Northern District of California, ADR Local Rule 6-12(a) treats as confidential the mediation statements, anything said, positions taken and views on the merits, and bars their disclosure to anyone not involved in the litigation or to the assigned judge. Rule 6-12(b) then lists limited exceptions, including disclosures "stipulated by all parties and the mediator," the terms of a fully executed settlement agreement, and "Disclosures otherwise required by law."

The Columbia Judicial Circuit guidelines state that confidentiality does not extend to a situation involving threats of imminent violence to self or others, or where the mediator believes a child is abused or that the safety of any party or third person is in danger. They also preserve the mediator's duty to report matters the law requires to be reported.

None of the program materials reviewed here promises absolute secrecy. How far confidentiality reaches, and whether mediation communications are also protected from use in later proceedings, depends on the court's rules and the jurisdiction's statutes, and that is a question for a licensed attorney.

Does the mediator give legal advice during a caucus?

The court materials reviewed here say no. The Columbia Judicial Circuit guidelines state that "the mediator does not offer legal or financial advice in this mediation and is not functioning as an attorney whether or not the mediator is in fact an attorney." The Sonoma handout states that "Mediators do not give legal advice." The Northern District of California's mediation page adds that the mediator "has no power to impose a settlement and does not attempt to coerce a party to accept any proposed terms."

A process in which a neutral gives an overall assessment of the case is a different tool, compared in early neutral evaluation vs mediation.

What should a first-time reader look for in a mediation description?

Before the session, it is worth locating five things in the program description or agreement to mediate:

Structure. Whether the program uses joint sessions, caucuses or both, and who decides the order.
Participants. Who may attend a caucus: each side with counsel, counsel only, or clients only.
Onward communication. Whether caucus information is shared only with the speaker's consent, or at the mediator's discretion unless the party says otherwise.
Outside disclosure. Whether confidentiality extends to the assigned judge, and which exceptions apply.
Paperwork. Whether participants sign a confidentiality agreement. The Sonoma handout states that "All participants will be required to sign a confidentiality agreement."

For where mediation sits among other options, see alternative dispute resolution processes and mediation vs arbitration. Any question about how these rules apply to a particular case belongs with a licensed attorney in the relevant jurisdiction.