Talking about mediation often conjures thoughts of lengthy sit-down discussions. People often think that they need to sit and discuss divorce matters for hours with their spouse and their attorneys. Therefore, those currently in the early stages of a seemingly high-conflict divorce may automatically assume that mediation isn’t going to work.
If they cannot be in the same room as their spouse without fighting, they cannot realistically expect to reach an agreement about divorce terms through compromise and negotiation. Higher-conflict, potentially contested divorces do not automatically end up in court. A specific type of mediation might be an option in higher-conflict divorce cases.
Caucus mediation keeps people separate
The traditional and arguably most efficient approach to mediation involves everyone sitting down together the way that most people imagine. That exact situation may not work for those in high-conflict scenarios.
Caucus mediation can be an option even in cases involving domestic violence. A mediator can go back and forth between separate spaces or even hold multiple brief meetings at completely different locations with the spouses over the course of multiple days.
Caucus or “shuttle” mediation involves the mediator traveling back and forth between the spouses to slowly seek out a middle ground to settle their divorce matters. Although it may take longer than traditional mediation, caucus mediation could potentially help spouses avoid divorce litigation by finding ways to cooperate despite the intense emotions they currently feel.
Mediation gives divorcing spouses control over the divorce process and enhanced privacy. A mediated divorce may also be faster and more cost-effective than a litigated one. Learning more about mediation and collaborative divorce may benefit those trying to simplify an upcoming divorce.