Divorce mediation is a way to settle disputes outside of court. Couples work with one another to resolve disagreements amicably. Both economic mediation and child custody mediation are relatively common in New Jersey.
Provided that the spouses agree to work with one another in good faith, they can preserve their privacy and retain control over the final terms set when they divorce. Unfortunately, the couples most in need of mediation may find it very difficult to meet calmly with one another.
When emotions run high, spouses may assume that mediation is off the table. However, there is a form of mediation that can work in cases involving high levels of conflict.
Caucus or shuttle mediation keeps people separate
Traditional mediation involves a facilitated conversation with everyone present at the same time. While that is the most efficient arrangement, it may not be effective in cases where one spouse can’t look at the other without crying or losing their temper.
In high-conflict cases and scenarios where emotional reactions could undermine the success of mediation, spouses could attend caucus or shuttle mediation. Much of the process is the same, except the spouses do not need to directly communicate with one another or share the same space.
The mediator goes back and forth between the parties instead of having everyone present in one location. They confer with each party in turn and help the spouses work toward compromises.
Caucus or shuttle mediation can sometimes take longer to complete than traditional mediation. However, it can potentially be a viable solution in scenarios where conflict levels could otherwise prevent traditional mediation from being successful. Exploring divorce mediation as an alternative to litigation in court can help people choose solutions that can work for their families uniquely.