Contact Our Firm for a Consultation

TV appearances

news article

Why Not Divorce Mediation by Caucus?

If you have heard about divorce mediation and divorce mediation by caucus, you could be a bit confused and unsure of what each term means. Learning about divorce mediation can be a good thing for many couples who are looking to get a divorce, but divorce mediation by caucus often is not the beset idea. Once you learn a little more about traditional divorce mediation and divorce mediation by caucus, you can get a better idea of which one will work best for your divorce.

What is Divorce Mediation?

First of all, you could be wondering what a traditional divorce mediation is. Basically, when you go through a traditional divorce mediation, you and your spouse will sit down with one another and with a neutral party who is there to assist you. This person is known as a mediator. The mediator is not supposed to pick sides between you and your spouse. Instead, he or she will simply bring up issues that need to be discussed, let you know a little more about the law and how things are traditionally handled and will let the two of you talk things out. This can help you and your spouse handle the various matters related to your divorce without actually having to go through a lengthy and often stressful divorce trial. For many couples, it is actually a good choice, although it does require you to be able to get along with one another and to talk through things for it to be truly effective.

What is Divorce Mediation by Caucus?

Divorce mediation by caucus is similar to standard divorce mediation, since it allows you to avoid going through a divorce trial. However, with divorce mediation by caucus, you and your spouse will not sit together with a mediator to talk things out. Instead, each of you will meet separately with the mediator while the other is not there. Then, the mediator will attempt to relay information and help you come to an agreement with one another without actually being in the same room at the same time.

What is Wrong with Divorce Mediation by Caucus?

Even though divorce mediation by caucus might sound like a good thing, since it could potentially allow you to enjoy the benefits of a divorce mediation without actually having to sit down and talk to one another, it often isn’t the best choice. For one thing, one of the best things about a divorce mediation is the fact that everything is very transparent, since you will talk about everything in front of one another. This transparency is no longer there with divorce mediation by caucus.

Additionally, it can be a lot more time-consuming. The mediator has to worry about going to twice as many meetings as with a standard divorce mediation. Then, he or she will have to meet with each of you to talk things out. This can be a lot less effective and a lot more time-consuming than if you were to all sit down together to discuss things. After all, one of the benefits of divorce mediation is the fact that it can help you get things handled faster than going through the traditional divorce trial process, but some of the speediness is taken away when you choose to go through divorce mediation by caucus.

When Can Divorce Mediation by Caucus Be a Good Thing?

Of course, divorce mediation by caucus is not always a bad thing. In some cases, the mediator might choose to meet with each spouse separately on one or two occasions, such as if the two of you are getting along fairly well but are having trouble coming to an agreement on a specific issue. It can also sometimes work out if you have different work schedules and aren’t always able to meet together at the same time. However, generally, meeting for a traditional divorce mediation is often a better choice for many couples, and you may find that it’s the better choice for your divorce as well.

Overall, even though divorce mediation can be a good alternative to going to a divorce trial, it is not always the best option. If you and your spouse will have to meet separately rather than meeting with a mediator together, as is usually the case, then you might find that it’s not the best choice for handling your divorce. Of course, every divorce and every couple are different, so you can always talk to a lawyer to determine if mediation by caucus is going to be the best choice. Then, your attorney can tell you more about divorce mediation by caucus and can help you decide if it’s the best option for handling your divorce or if there is another method that might be a better decision for the two of you.