People preparing for divorce may want to consider mediation as an option. Mediation is a private process that allows for cooperation outside of the courts. However, some spouses may assume that they won’t be able to work with their spouses due to high levels of conflict. Couples preparing for divorce might believe that litigation is the only option available due to intense negative emotions or their difficulty interacting directly with one another.
Mediation frequently requires face-to-face communication between spouses, which can seem prohibitively difficult in volatile divorce scenarios. However, caucus or shuttle mediation could be an option even in cases involving spouses who cannot be in the same room with one another.
What makes caucus or shuttle mediation different?
Standard mediation during divorce usually requires that everyone sit down together to talk about disagreements. Much of the process is the same during caucus or shuttle mediation. The main difference is that the mediator keeps the spouses separate from one another.
The process might be digital in some cases or may involve the spouses remaining in separate rooms. The mediator then goes back and forth, conversing with each party to help facilitate compromise. Such arrangements help limit emotional reactions and make it feasible for those experiencing intense divorce disputes to work together and settle without litigating. Some research has even shown that this form of mediation can work in divorces involving domestic violence.
Avoiding interactions can prevent emotional reactions and limit the volatility of the mediation session. Spouses hoping to retain control over certain elements of the divorce process or keep the details of their divorce as private as they can may want to discuss the possibility of mediation as a way of achieving those goals.
Even when they cannot work directly with one another and emotions overtake the spouses during conversations, mediation can still be an option. Spouses can potentially request structured caucus mediation sessions that keep them separate. This arrangement makes it possible to compromise and work cooperatively despite the conflict and intense emotions involved.
Working cooperatively instead of litigating is often the best option for divorcing couples. Even spouses with high-conflict divorce cases can be candidates for divorce mediation if the spouses use the right tools and access strong legal support as their circumstances evolve.