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CS Professional · Arbitration, Mediation and Conciliation · Negotiation Skills and Communication

In a private caucus, Ms. Rao tells the mediator that her company can in fact accept a price reduction up to 10%, but says she does not want the other side told. Later, in joint session, the other party asks the mediator directly, "What is her bottom line?" Which response is consistent with mediator communication and confidentiality norms?

The mediator should decline to reveal the 10% figure, explaining that private caucus discussions are confidential, and redirect the parties to exploring proposals. Disclosure without consent breaches confidentiality, while lying breaches the mediator's integrity; conditional disclosure also still betrays the confidence given.

  1. ADisclose the 10% figure, since honesty requires full transparency
  2. BFalsely state that she has no room to move, to protect her position
  3. CDecline to disclose the confidential information while saying it was shared in confidence, and invite the parties to explore proposalsCorrect
  4. DReveal it only if the other party promises to offer a matching concession

Explanation

Information given in caucus on a confidential basis must not be disclosed without consent. The mediator must also not lie, so false statements are wrong. The mediator may openly decline to share and redirect to proposals. Conditional disclosure still breaches the confidence.

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