A previous blog post titled Mediation introduced the alternative dispute resolution method of mediation. The blog notes that mediation can proceed with or without attorneys. Let’s take a deeper look at these approaches.
Who are the participants?
There are different options for who typically participates in mediation of a family law matter.
Attorney-Assisted mediation involves 5 individuals: Each of the two parties, the attorney for each party, and a qualified mediator.
Party-Only mediation involves 3 individuals: Each party and a qualified mediator.
In both scenarios, the process is facilitated by a Qualified Mediator. In Missouri, a Qualified Mediator for family law cases is an attorney or an individual with a graduate degree in a behavioral science field related to family dynamics that has completed specialized child custody mediation training.
Third parties such as stepparents, grandparents, etc. are not typically allowed to participate in the mediation process unless there are special circumstances warranting their participation. In such cases, their presence should be approved by the mediator and the other parties well in advance of the mediation session.
What does “participation” look like?
Depending on the mediator’s preference, participation can involve a joint session, caucus or a combination of both.
Joint Session: In a joint session, all parties meet in the same room to collaborate and negotiate directly. Joint sessions are most common in party-only mediation. It is typically more efficient to have everyone in the same room, although this approach can also result in hostility in high-conflict cases.
Caucus: The term “caucus” is used by mediators to describe keeping the parties in separate rooms. The mediator floats back and forth between the rooms with the hope of strategically facilitating open and honest negotiations between the parties. Caucus is most commonly used in attorney-assisted mediation, as it allows attorneys to freely advise their clients in a setting confidential from the other side.
By understanding the various structures of mediation, individuals can make informed decisions about which mediation approach best suits their needs, ultimately leading to more efficient and mutually agreeable resolutions.
The choice of a lawyer is an important decision and should not be based solely on advertisements.