Caucus-Style Divorce Mediation

Caucus-style divorce mediation is a growing form ofshared and then each side retreats to a different
mediation. It is a type that many lawyers have definedroom for the remainder of the process. The mediator
and used as a similar situation to a settlementthen takes proposals and messages from one side to
conference. The problems with caucus-stylethe other. After each proposal is submitted, the lawyer
mediations are that it shifts too much power awayand his or her client discuss the entire thing and then
from the husband and wife and to the hands of thethe mediator goes back to the other room with the
lawyers and the mediator.response to the proposal. It is a very time-consuming
A caucus-style divorce works by allowing people toprocess that can take numerous hours.
stay out of a court-room. This is, frequently, a goodEventually, the two parties reach an agreement and
move as it keeps the settlement in the hands of thethe divorce process has been complete. This process
divorcing parties and removes a judge's decisions. Thegenerally takes between 8 and 12 hours but can last
first step to this process is the client and lawyer teamsas long as 15. It is an exhausting process for everyone
each spend a lot of time and money gatheringinvolved.
information, interviewing witnesses, probing financialWhile this style of mediation does have its problems, it
records, and completely preparing the case for trial.is an excellent option for a couple where there has
Once this is completed, the mediation process canbeen on-going domestic violence or abuse. It is in the
begin.abused individual's best interest to stay separate from
The mediation process starts with each teamtheir former spouse. This prevents contact between
submitting a position to the mediator detailing the wantsthe two spouses and also removes the opportunity for
and needs of the client. This position may or may notverbal abuse or intimidation. It is much more difficult to
be shared with the other side. Once the positions haveintimidate someone if they are in a completely different
been received, both client/lawyer teams meet in theroom from you.
same room with a mediator. The opening positions are