Divorce mediation is a popular option among those who want to settle family law matters outside of court. With the help of a professional mediator, many people preparing for divorce can overcome disagreements and then move forward with an uncontested divorce filing.
However, the idea of sitting down together to negotiate can be unpleasant or even unrealistic depending on the circumstances. Some spouses are unable to see or talk to one another without ending up in a screaming match. Is mediation possible in extremely high-conflict divorce cases?
Yes, mediation is often still an option
For some people, it takes a lot of effort to overcome their emotional reactions to divorce matters. The prospect of an incredibly expensive litigated divorce might prompt them to change their approach and attempt to cooperate with their spouse. If even the threat of litigation can’t quell people’s intense emotions, then they may want to consider caucus mediation.
Traditional mediation often involves everyone sitting down together to talk. Caucus mediation involves keeping the spouses and their respective attorneys in separate rooms. The mediator goes back and forth between them to discuss matters and help them achieve a workable compromise. That way, spouses can really explore the actual issues of their divorce instead of letting their emotional reactions take over.
Caucus mediation can potentially lead to an agreement between spouses and an uncontested divorce despite high levels of conflict. Considering the different approaches to mediation that may work in different situations could benefit those who would prefer to minimize their time in court or retain control over the outcome of a divorce.