A mediator can design a format that includes both, meeting with the clients either together, or caucusing with them separately and then coming back together again; whatever works best in that situation. It is really dependant upon the level of cooperation and communication the mediator sees and what will best facilitate reaching an agreement. It is important to remain flexible so that the mediator is able to design a format that works best for both parties.
There are different options when it comes to divorce and mediation is one a more popular option because you can stay out of court and it tends to be much cheaper. In the event that you cannot come to an agreement, you may have to go to court and the judge will either rule that you must return to mediation or they will actually come to a decision for you. However, this really defeats a lot of the purpose of mediation because, with mediation, you should not have to go to court. It all depends on the cooperation of the parties involved and in the event that one or both people don’t cooperate, it simply will not work.
Judith Goldberg is an experienced attorney practicing divorce and family law, as well as mediation, in the state of Connecticut. Please contact The Law Offices of Judith Goldberg to set up a free initial consultation.