FAMILY MEDIATION AND NEVER-MARRIED PARENTS

Parents who were never married to each other are increasingly court-ordered to mediate disputes over their children. The author reviewed 441 cases of divorcing and never-married parents to compare their experiences with family mediation. Client situations, adjustments in mediator behavior, and outcomes of mediation such as mediation did occur and agreements reached were compared. Factors external to mediation had a different impact on never-married parents than on divorcing parents. The review indicated never-married parents had a higher no-show rate than that of divorcing parents, yet when never-married parents did appear for court-ordered mediation, they reached agreements at the same rate as divorcing parents. Surprisingly, the never-married parents with a history of violence were more likely to appear for appointments and reach agreements. Overall, with modifications in mediator assumptions and behavior, divorce/family mediation appears to be useful to never-married parents.     

THE CONTENT OF DIVORCE EDUCATION PROGRAMS

A survey was conducted to assess the content coverage of more than 100 divorce education programs for parents in North America. Fifty-six percent of the programs were mandatory for at least some categories of divorcing parents. Results showed that the most intensively covered topics involved the effects of divorce on children and the benefits of parental cooperation. Moderate coverage was devoted to skills acquisition, such as conflict management and parenting, and to the effects of divorce on parents. Minimal coverage was devoted to "nuts and bolts" and legal issues. The results are discussed in terms of issues likely to emerge as a result of this content coverage.     

MAKING ALTERNATIVE DISPUTE RESOLUTION (ADR) LESS ALTERNATIVE: THE NEED FOR ADR AS BOTH A MANDATORY CONTINUING LEGAL EDUCATION REQUIREMENT AND A BAR EXAM TOPIC

Divorce proceedings have had a negative reputation due to their adversarial nature. Litigation in the family law field has exacerbated an already emotionally charged atmosphere. Alternative dispute resolution (ADR) has grown in importance over the past three decades and has helped to alleviate some of the animosity which accompanies divorce and child custody matters. Parents in particular are aided by the benefits of options such as mediation and collaborative divorce, obtaining increased control over their agreements in situations where the relationships will be continuous due to shared parenting responsibilities. However, much more could be done to increase the use of ADR in family law proceedings. Current family law practitioners could fill many roles, including mediator, advocate during mediation, collaborative negotiator, arbitrator, and counselor regarding which process to implement. Knowledge about these different roles, with their attendant skills and ethical issues, has become imperative. This Note will advocate for a mandatory continuing legal education requirement in ADR for matrimonial attorneys, as well as for the inclusion of ADR as a topic on state bar examinations. An increased knowledge of ADR will benefit divorcing parents and their children, ease an overcrowded court system, and lead to greater personal and professional satisfaction for the family law practitioner.     

PATTERNS OF RELITIGATION

Two groups of parents were tracked for 2 years following their divorce: a group of 89 who attended a mandatory divorce education class and a comparison group of 23 who did not. The two groups did not differ in any assessed demographic or family characteristics. At the follow-up assessment, the parents who attended the class had relitigated (over all issues) less than half as often than those who had not attended the class (1.61 vs. 3.74). Moreover, rate of relitigation was related to mastery of skills learned in the class. The results are discussed in terms of the needs for outcome evaluation and design of education programs for divorcing parents.     

MAKING IT WORK

With the prevalence of divorce in our country, there is a serious need of services for divorcing families to be readily available and offered in a manner to increase the use of the services. Early intervention with the divorcing family is critical to help alleviate levels of parental conflict and decrease potential litigation. This article is an evaluation of the first year of court-mandated parenting psychoeducational workshops. The results demonstrate the positive effects of the workshops for most divorcing parents in terms of levels of ongoing conflict between parents, children's adjustment as observed by the parents, parents' adjustment, and parents' ability to settle the legal issues of the divorce and keep the children out of the middle of the conflict.     

HELPING CHILDREN SUCCEED AFTER DIVORCE

In an effort to prevent some of the well-documented problems that occur in children and families undergoing divorce, a parent education program, Helping children Succeed After Divorce, was developed and mandated by a domestic relations court in a major metropolitan area. The purpose of the parent seminar is to educate divorcing parents about the effects of divorce and continued conflict on their children and to specify concrete actions that divorcing parents can take to help their children. The seminar's intent is to prevent long-term emotional, social, and academic problems among children of divorce. This article addresses the development, operation, and preliminary evaluation results of this psychoeducational program for divorcing parents.     

PARENT EDUCATION IN THE DOMESTIC RELATIONS COURT

This multisite assessment of five, court-affiliated parent education programs incorporates information from 3,000 exit surveys by attendees, 602 telephone interviews with willing parents six months later, comparisons with 145 divorcing parents who did not attend a program, and reviews of court activity. Parents report high levels of satisfaction with the programs and credit them with helping to sensitize them to their children's needs and making visitation more successful and enjoyable. Although attendees report better compliance with divorce decrees, comparable proportions of parents in treatment and comparison groups report conflict over child custody and access, and a review of court files shows identical litigation patterns for both groups over a four-year period of time .     

A REVIEW OF ONLINE DIVORCE EDUCATION PROGRAMS

Divorce education programs first surfaced over four decades ago. Today, many states mandate parents to participate in a divorce education program before their dissolution can be finalized. Changes in the technological landscape have allowed innovative practitioners to create online divorce education programs, yet these programs have not been formally evaluated for quality. Adapting a research design for evaluating face‐to‐face programs, we created an online divorce education review form and reviewed online divorce education programs that parents use to meet court‐mandated requirements. Results reveal that online programs have significant potential to help divorcing parents, yet there are areas of online program content and instructional strategies that can be improved. Program content that includes legal and court focused topics or modules, or that offer advice for families facing special circumstances such as domestic violence, could be enhanced. Additionally, most of the instructional strategies were passive. With this research, recommendations were made for improving program content and instructional strategies for online divorce education programs.     

CHILD‐FOCUSED AND CHILD‐INCLUSIVE DIVORCE MEDIATION: COMPARATIVE OUTCOMES FROM A PROSPECTIVE STUDY OF POSTSEPARATION ADJUSTMENT

This study compared outcomes over 1 year for two groups of separated parents, who attended two different forms of brief therapeutic mediation for entrenched parenting disputes. The two interventions each targeted psychological resolution of parental conflict, enhanced parental reflective function, and associated reduction of distress for their children. The child‐focused (CF) intervention actively supported parents to consider the needs of their children, but without any direct involvement of the children, while the child‐inclusive (CI) intervention incorporated separate consultation by a specialist with the children in each family, and consideration of their concerns with parents in the mediation forum. Repeated measures at baseline, 3 months, and 1 year postintervention explored changes over time and across treatments in conflict management, subjective distress, and relationship quality for all family members. Enduring reduction in levels of conflict and improved management of disputes, as reported by parents and children, occurred for both treatment groups in the year after mediation. The CI intervention had several impacts not evident in the other treatment group, related to relationship improvements and psychological well‐being. These effects were strongest for fathers and children. Agreements reached by the CI group were significantly more durable, and the parents in this group were half as likely to instigate new litigation over parenting matters in the year after mediation as were the CF parents. The article explores the potential of CI divorce mediation to not only safely include many children in family law matters related to them, but also to promote their developmental recovery from high‐conflict separation, through enhanced emotional availability of their parents.     

DIVORCING FAMILIES WITH YOUNG CHILDREN IN THE COURT'S FAMILY SERVICES UNIT Profiles and Impact of Services

Little is known about the families being served by court support services, or the effectiveness of the services provided. This study investigates 137 higher conflict, divorcing families with young children, who received services from the Family Services division. The study utilizes questionnaire data filled out by family services clinicians. The families presented with multiple mental health needs, including allegations of substance use and physical, emotional and sexual abuses of spouses and, to a lesser extent, children. Results detailed evaluation outcomes pertaining to joint legal and physical custody, showing an increase in joint legal custody, with little difference in physical custody arrangements. Evaluators did encourage less parental dropout. The data also profiled parents least likely to attend mandatory parenting education, accept evaluators' recommendations, and settle their case with mediation assistance. Identifying these families early can help family services clinicians track families into individualized service plans as needed.     

PROFESSIONAL INTERDEPENDENCE IN DIVORCE PRACTICES

Divorce mediation is one area of the new and growing field of interpersonal mediation. Differences and similarities between divorce mediation and divorce psychotherapy are discussed in this article, and a method for teamwork between the two professions is proposed. The authors take the approach that the separate but overlapping practices of mediation and psychotherapy can be interdependent and that specific benefits to divorcing clients can result when divorce mediation and divorce psychotherapy are practiced collaboratively.     

INTEREST IN MARITAL RECONCILIATION AMONG DIVORCING PARENTS

This study offers the first research data on the interest of divorcing parents in marital reconciliation. A sample of 2,484 divorcing parents was surveyed after taking required parenting classes. They were asked about whether they believed their marriage could still be saved with hard work, and about their interest in reconciliation services. About 1 in 4 individual parents indicated some belief that their marriage could still be saved, and in about 1 in 9 matched couples both partners did. As for interest in reconciliation services, about 3 in 10 individuals indicated potential interest. In a sub‐sample of 329 matched couples, about 1 in 3 couples had one partner interested but not the other, and in 1 in 10 couples both partners were interested in reconciliation services. Findings were consistent across most demographic and marital factors. The only strong predictors of reconciliation interest were gender, with males being more interested than females, and initiator status, with far greater interest among those whose partner initiated the divorce. These findings are discussed in terms of attachment theory and future prospects of divorce services.     

GOING TO COURT AS A LAST RESORT: ESTABLISHING A DUTY FOR ATTORNEYS IN DIVORCE PROCEEDINGS TO DISCUSS ALTERNATIVE DISPUTE RESOLUTION WITH THEIR CLIENTS

This Note advocates for the creation of a uniform ethical requirement that all attorneys in divorce proceedings involving children inform their clients about alternative dispute resolution (ADR), particularly mediation and collaborative law. By emphasizing cooperation and negotiation among the divorcing parents, both mediation and collaborative law offer these would-be litigants the opportunity to move forward with their parental duties long after the divorce is finalized. Using the ABA Model Rules of Professional Conduct as a template, this ethical requirement will ensure that clients are fully informed of the availability of ADR and of the chance to forgo potentially unnecessary litigation. Ultimately, the implementation of an ethical requirement holds the potential to minimize the impact of divorce on children by facilitating the process of moving forward for the family as a whole.     

SETTLEMENT‐FOCUSED PARENTING PLAN CONSULTATIONS: AN EVALUATIVE MEDIATION ALTERNATIVE TO CHILD CUSTODY EVALUATIONS

The divorce mediation field has recently seen the development of several “hybrid” alternative dispute resolution approaches to child custody disputes. The “settlement‐focused parenting plan consultation” (SFPPC) is a form of evaluative mediation, conducted by a “parenting plan consultant” (PPC), who possesses the combined expertise of a mediator and child custody evaluator. This hybrid model is a more expedient and considerably less expensive approach than a child custody evaluation, but preserves the hallmark mediation principle of self‐determination. The article describes the theory underlying the SFPPC, delineates the role requirements, procedures, and techniques of the parenting plan consultant, and addresses legal and ethical issues.     

LEGISLATING FOR SHARED PARENTING: EXPLORING SOME UNDERLYING ASSUMPTIONS

In 2006, the Australian parliament introduced new family law legislation about substantively shared overnight parenting arrangements between divorced couples. Other countries and state legislatures are currently debating the merits of similar legislation. A largely unquestionable premise underpins this reform, namely that the majority of children from separated families demonstrably benefit from the ongoing, warm and available involvement of both parents, in a climate of well-managed interparental conflict. The Australian legislation moves beyond encouragement of shared parenting in divorce cases with adequately functioning parents; it extends into grey areas which, to date, remain poorly serviced by credible research, including its application to children of all ages and to parents experiencing significant levels of ongoing conflict. Drawing on data from a longitudinal high-conflict divorce sample, this article challenges three assumptions that underpin a legislative preference for shared parenting, that shared parenting is viable and sustainable for divorced parents in conflict, that shared care enables improved cooperation between parents, and that as a result children will be less affected by their parents' conflict. The article further explores the influence of the mediation process on the choice and durability of shared parenting arrangements.     

RESULTS OF A SURVEY OF COURT-CONNECTED PARENT EDUCATION PROGRAMS IN U.S. COUNTIES

This article highlights the results of a survey of 3,073 U.S. counties regarding court-connected programs for divorcing parents. Court-connected programs were identified in 541 counties. Information is provided on states' efforts at parent education for divorcing parents, including proliferation of programs, commonly used programs, court involvement in organization of programs, fees, and various attendance policies, including mandated attendance. The research establishes a base of information that reflects current practices, informs future research on program outcomes, and assists court systems to implement, change, and/or mandate education programs for divorcing parents.     

THE KIDS' TURN PROGRAM EVALUATION: PROBING CHANGE WITHIN A COMMUNITY‐BASED INTERVENTION FOR SEPARATING FAMILIES

We provide evaluation results for Kids' Turn, a community‐based divorcing parent education program. Based on pre‐ and post‐test results from 61 parents, we found that parents reported improvements over time in interparental conflict, the number of topics parents argue about, parental alienation behaviors, parent anxiety and depression, and children's internalizing behaviors. These changes over time remained after we accounted for child sex, parent and child age, and time since separation. However, we did not observe any change in parenting behaviors. We discuss these results in light of factors influencing the ability of community‐based programs to affect change in families after divorce.     

Parental Battlefield: Divorcing Parents and the Treatment of Children with ADHD

Attention deficit hyperactivity disorder (ADHD) typically manifests as inattention, hyperactivity, and impulsivity among children, resulting in stimulant drug therapy. Children exposed to high‐stress situations, such as divorcing parents, are twice as likely to present with ADHD symptoms. Often these symptoms are a result of the stress and not truly ADHD. Additionally, parents in conflict frequently disagree about the appropriate diagnosis and treatment for their child, which leads to court disputes. Thus, this Note proposes a policy be implemented setting forth alternatives that must be exhausted for a period of time prior to administering stimulants to a child of divorce.     

Divorce, Custody, and Spousal Violence: A Random Sample of Circuit Court Docket Records

The fastest growing marital status category in America is divorced, with the number of divorced individuals quadrupling between 1970 and 1996. The majority of children in divorced families live with a single parent and often lose contact with the noncustodial parent. A recent review of the literature suggests that many noncustodial fathers fail to keep contact with their children and become delinquent in child support payments because of their dissatisfaction with the custody arrangement. However, there has been little examination of how custody arrangements are typically determined or settled. In addition, divorces that involve spousal violence bring further complications to child custody, visitation, and child support decisions. This study included a 20% random sample of court records for all divorces settled in one county judicial circuit court during 1998. The purpose of this study was to examine characteristics of divorcing adults as well as characteristics of child custody arrangements, visitation, and child support decisions. Contrary to popular belief, findings from this study indicate that divorce actions were almost always settled through agreement of the divorcing parties rather than by adjudication. About 38% of the couples had children in common and between 78 and 92% of cases were settled through agreement, which suggests that fathers are in fact agreeing to the custody arrangement, rather than being forced into it. About one in five records overall noted spousal violence, and there was no significant difference in settlement methods for couples with or without spousal violence. Cases with children and spousal violence were significantly more likely to have also mentioned substance use and postdecree activity. This study suggests a need for more focused attention on divorce cases with spousal violence to reduce postdecree court involvement and safety of children and adult victims, as well as further study into what causes noncustodial parents to lose contact with their children.