Generally, mediation occurs in joint sessions with both parties present. The idea behind joint sessions is that compromises are best reached when both parties are present and participating. Joint sessions can have drawbacks however: some clients are uncomfortable revealing certain aspects of their divorce in front of their partner or the divorce may be so contentious that the presence of both parties hinders mediation.
In mediation joint sessions where the presence of both parties is counterproductive or inhibiting, mediators utilize a tool known as caucus. A caucus is when a mediator meets with one party of the mediation one-on-one in order to better facilitate a resolution to the legal issues at hand. The privacy of a caucus can encourage the flow of information and help the client feel that they are in a safe and neutral space, especially in cases of abuse or coercive behaviors. Also, a caucus can be an effective way to move past an impasse in mediation by allowing the parties a cooling off period to regain their focus. A caucus also allows the mediator to have a private mediation within the overall mediation to address unrealistic expectations or help identify areas of compromise.
Tips on divorce mediation caucus
The most important aspect of an effective caucus is choosing a mediator who is experienced, knowledgeable, and able to communicate with each party in order to facilitate a resolution. By choosing a mediator you are comfortable with and who can answer your questions, you are more likely to have a successful mediation.
Whether or not to have a caucus is always the decision of the parties. If you choose to participate, there are some general tips that will help ensure that your caucus is both productive and as stress-free as possible:
- Be honest: a caucus is your opportunity to be honest with the mediator without fear of reprisal from the other party.
- Remain calm: calmly state the facts as well as your position on key issues.
- Be willing to compromise: during the caucus, identify areas where you are willing to compromise.
If you are interested in mediation for your divorce case and live in Rockland, Orange or Westchester county, please contact the mediation team at the Law Offices of Stacy Sabatini, Esq. at www.sskfamilylaw.com for a consultation today. Conveniently located in New City, New York, the Law Offices of Stacy Sabatini, Esq. offer New Yorkers compassionate and experienced legal representation for their family law mediation needs.