Is mediation possible if you and your spouse can’t stop fighting?

Mediation can be a tool that helps former spouses figure out a way to split their possessions and their parental responsibilities after a divorce. However, mediation requires cooperation and mutual compromise.

If you and your spouse can’t see one another without getting into intense arguments and succumbing to overwhelming negative emotions, you might assume that mediation can’t work for you. However, it could still be an option. In fact, you don’t even need to be in the same room as your spouse for mediation to work.

Using caucuses in mediation so you and your spouse aren’t face-to-face

If you think that the two of you can communicate with one another rationally provided that it isn’t face-to-face and that both of you are capable of working together, then caucuses as part of mediation could be the solution to help you file an uncontested divorce.

In this kind of mediation, you both have your own attorneys and work with a mediator. However, it’s different than normal mediation because you are in separate rooms or possibly even separate facilities. The mediator will travel between the two of you and work to understand both sides, potentially helping you achieve successful compromises.

This kind of mediation can sometimes take longer

Given that a situation leading to separate mediation likely indicates higher levels of spousal conflict, it’s possible for mediation in this scenario to take longer. Not only will both spouses likely need more time to adjust to the idea of certain compromises, but since the mediator will also travel between spouses and recap previous discussions to each party, it can prove very time-consuming. Still, when compared with the time and expense involved in a contested divorce, mediation may still prove to be faster and more cost-effective.

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