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Do I have to be in the same room during mediation?

Posted by Omar DarwichJan 25, 20230 Comments

During a divorce mediation, it is common for the mediator to meet with both spouses together in the same room, but it does not have to be that way. The mediation process is flexible, and the mediator can work with the couple to determine the best approach for their particular situation.

If both spouses are willing, they can participate in the mediation process together in the same room, which allows them to communicate directly with each other and can facilitate the negotiation process. However, if one or both spouses are uncomfortable with this approach, the mediator may meet with them separately, either in different rooms or at different times. This is known as "shuttle mediation." This can be beneficial for individuals who may have difficulty communicating with their spouse or who may feel intimidated by being in the same room together.

In some cases, the mediator may conduct the mediation entirely through phone or video conferencing, if both parties are willing and it is feasible. This can be especially useful during the COVID-19 pandemic, or if one of the parties is in a different location or unable to physically be present.

It's important to note that the mediator's primary goal is to create a safe and comfortable environment for the parties to discuss and negotiate issues related to their divorce. Therefore, the mediator will work with the couple to design a process that best fits their unique needs and circumstances.