Most civil mediators and many divorce mediators use separate sessions
from time to time. These are either planned separate sessions,
which are scheduled in advance, or spontaneous separate sessions,
which are referred to as "caucuses." In civil mediation,
caucuses are used extensively by most mediators, whereas, in family
mediation, most mediators use caucuses sparingly, or not at all.
In divorce mediation, planned separate sessions are used for
various purposes. The mediator can empower a weaker spouse,
assess a spouse's negotiating flexibility, clarify each party's
interests, or allow a person to vent. Because the focus is on
one person at a time, the mediator can usually create a greater
rapport, which leads to an increased chance of reaching a settlement.
In our divorce mediation training we teach the mediation skills
that are used in separate sessions. These mediation skills are
also used in "caucuses," which are spontaneous meetings
with one side at a time.
Although caucuses are used more frequently in civil mediation
than in divorce mediation, the experienced family mediator knows
that there are moments when caucusing is essential. One of the
mediation skills that we address in our divorce mediation training
is how to decide when to call a caucus. Another mediation skill
we teach in our divorce mediation training is how to handle
a caucus so that it will produce movement toward a settlement.
Although some family mediators believe that separate sessions
have no place in a divorce mediation, at Coast To Coast we have
found the opposite to be true. Meeting with each person separately
has long been an accepted practice in civil mediation. We see
no reason to ignore this mediation technique simply because
the subject of the mediation is divorce.
We have observed over the years that separate sessions are
invaluable in divorce mediation, so we routinely schedule the
third session with clients separately, followed immediately
by a joint session. Mirroring the model we use in civil mediation
caucuses, we keep all information that we learn in separate
sessions confidential. We demonstrate how to hold separate sessions
in our divorce mediation training, so that you have an opportunity
to observe how these sessions differ from joint mediation sessions.
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