Mediation is a popular alternative dispute resolution method in divorce or family law matters. Many opt to participate in mediation seeking a settlement outside of court.
Mediation can sometimes be court-ordered, or the parties may voluntarily agree to participate. If parties voluntarily participate, it often stands a better chance of working because the parties want to be there.
How Do Most Think Mediation Works?
When individuals think about mediation in divorce or family law matters, many have the wrong picture in mind. Many picture being alone in a room with the mediator and the other party. In that room, they envision a scenario where both parties and the mediators talk, devise solutions, and resolve the case.
This might be an accurate picture of how it works in some instances, but it is not accurate in many instances. Further, if parties could do this, they might not need a mediator in the first place.
Sometimes, having both parties in the same room is not a good idea. Arguing and bickering might occur if the parties are in the same room. The arguing and bickering might inflame the situation so that a settlement does not occur.
How Does The Caucus Approach Work?
In the caucus approach to mediation, both parties are in separate rooms. Often, their attorneys are with them in these rooms to give them advice and input. The attorney can also help make their client’s case for them.
The mediator then moves between the rooms, talking to both parties and their attorneys. As part of the caucus approach, the mediator delivers settlement offers back and forth between the rooms. The mediator might also come up with ideas and suggestions for settling the case. A caucus approach to mediation could take hours or days.
By utilizing the caucus approach, parties can speak freely without worrying that the other party will be upset by what is said. If one party typically barrels over the other, and there is a fear of intimidation, the caucus approach can also work much better.
