PRACTICE ISSUES, STRATEGIES, AND MODELS

A recent Canadian study begins to address the lacuna in family mediation process research identified by Kelly. This study generated important data previously not available on a broad range of issues and concerns regarding the process and practice of family mediation and the extent of variability of current family mediation practice. The study focused on where family mediators position themselves in relation to salient issues and debates in the field; the interventions, methods, procedures, techniques, and strategies they find most useful and effective in their work; and the theories that guide them in their practice and the models of practice that they use. This article reports the key findings of the study and begins to discuss the implications of the research for mediation practice and sociolegal policy.     

Does Level of Intimate Partner Violence and Abuse Predict the Content of Family Mediation Agreements?

This study investigated whether reported levels of intimate partner violence (IPV) and/or abuse (IPV/A) victimization are related to reaching agreement and to the content of mediation agreements of parties seeking to resolve family‐ and child‐related issues. Whether or not parties reached agreement was analyzed for 105 cases at a law school mediation clinic. Agreement content was coded for the 71 cases that reached agreement. Levels of IPV and IPV/A were determined separately for males and females, using a standardized measure. Regression models were utilized to examine reports of IPV or IPV/A as predictors. Results indicated that mediation may help families with a reported history of IPV and IPV/A address a variety of concerns; levels of partner violence/abuse predicted numerous issues in mediation agreements, including arrangements regarding legal custody, parenting time, holidays, child exchanges, interparental communication, safety restrictions, counseling referrals, child support, financial arrangements, and other miscellaneous topics (e.g., relocation). However, some findings were consistent with concerns raised about the use of mediation with parties reporting IPV and IPV/A; for example, increasing levels of male‐perpetrated IPV/A predicted increased likelihood of making an agreement to share legal custody. Further research is needed to resolve the longstanding debate of whether divorce mediation is an effective and safe process for parties demonstrating IPV/A.

Key Points for the Family Court Community
• This study adds to the debate of whether divorce mediation is an effective and safe process for parties demonstrating IPV/A.
• It examines whether reported levels of IPV and IPV/A victimization are related to reaching agreement and to the content of mediation agreements of parties seeking to resolve family‐ and child‐related issues.
• Results provide some evidence that mediation may help families with a reported history of IPV and IPV/A address a variety of concerns.
• However, some findings are consistent with concerns raised about the use of mediation with parties reporting IPV and IPV/A.
• Findings have implications for the practice of family mediation with parties reporting a history of IPV or IPV/A.

     

REFLECTIONS ON THE STATE OF CONSENSUS-BASED DECISION MAKING IN CHILD WELFARE

Consensus approaches to child protection decision making such as mediation and family group conferencing have become increasingly widespread since first initiated about 25 years ago. They address but are also constrained by paradoxes in the child protection system about commitments to protecting children and to family autonomy. In a series of surveys, interviews, and dialogues, mediation and conferencing researchers and practitioners discussed the key issues that face their work: clarity about purpose, system support, family empowerment, professional qualifications, and coordination among different types of consensus-building efforts. Consensus-based decision making in child protection will continue to expand and grow but will also continue to confront these challenges.     

Mainstreaming Gender into European Family Law? The Case of International Child Abduction and Brussels II Revised

Gender mainstreaming is an EU policy tool encouraging equality between men and women by incorporating gender concerns into the formation of EU law. The EU has intervened in private international family law, an area where concerns over gender equality may be present. Child abduction, which is regulated by the Brussels II Revised Regulation, is an aspect of international family law where issues of gender have been highlighted. Women are predominantly the abductors of their children and may abduct a child to escape a violent relationship. These factors were in evidence in the 1980 Hague Abduction Convention and an effective gender mainstreaming strategy should promote discussion to address these concerns. By examining the proposals for Brussels II Revised, this article will demonstrate that the gendered nature of child abduction was not clearly addressed in the development of the legislation and questions how mainstreaming can be effective as an aspect of the legislative process.     

Spousal Violence against Working Women in India

Violence against women, especially spousal violence is a common phenomenon in India which is significantly increasing over the years. In the name of socialization, male dominated orthodox Indian society raises girls to endure male aggression without protest. Indian social norms within this conservative environment discourage women’s employment; consequently, employed women are subjected to more abuse compared to their unemployed counterparts. The current study, based on the National Family Health Survey data, documents the nature and extent of spousal violence against married employed women across job categories. The study reveals that the majority of employed women are skilled or unskilled manual workers, and most of them are subjected to spousal violence. Furthermore, higher category jobs do not protect women from spousal violence. Women’s empowerment, higher education and/or occupation compared to their partner, and partner’s alcoholism further induce cruelty on employed women. However, standard of living and a husband having a comparatively better job are found to reduce spousal violence.     

‘A Lot of Them Thought I wouldn’t Last There’: African Women and Career Advancement in Academic Scientific Careers

This paper examines the relevance of cultural diversity in studies of women in scientific professions. It is based on a qualitative study of 18 African women in academic scientific careers and representing several English-speaking countries. I investigate how women who seek and gain entry into academic scientific careers are positioned in the academic hierarchy and whether their rate of progress is impeded by exclusionary practices in their professional fields. I also examine whether other interacting circumstances such as development issues, colonial legacies, and the influence of patriarchal states and cultures create somewhat different types of constraints and options for women in academic settings. I address these concerns by investigating the following issues: (1) early career experiences (academic, political, and economic concerns, (2) response from important others (professional colleagues, administrators, and students, (3) reflections on career barriers (faculty rank, research productivity, and perceptions of job satisfaction).JEL Classification: J16, J24     

SPOUSAL CONSENSUS ON THE DIVORCE DECISION AND MEDIATION OUTCOME

This study examined the relationship between spousal consensus on the decision to divorce and mediation outcome. Based largely on clinical experience and deductive reasoning, the conceptual literature has held that low consensus is negatively related to success in divorce mediation. To empirically explore this relationship, 72 families beginning court-ordered divorce mediation were asked whether they agreed that divorce was the best way out of their problems. Statistical analysis of their responses as they related to the outcome of mediation did not support the conceptual literature. No significant relationship was found between spousal consensus on the divorce decision and mediation outcome, a finding which agrees with the limited empirical research. This indicated that mediation is more tolerant of spousal nonconsensus than had been assumed in the divorce mediation literature.     

WOMEN'S AND MEN'S VIEWS OF MEDIATION IN VOLUNTARY AND MANDATORY MEDIATION SETTINGS

This article reports findings regarding women in mediation from a combined group of 184 persons who received mediation services from the Alameda County Superior Court Family Court Services or the Northern California Mediation Center. This empirical study refutes many of the criticisms of mediation by some feminist critics of the process.     

ATTORNEYS' OPINIONS REGARDING CHILD CUSTODY MEDIATION AND ASSESSMENT SERVICES

Family attorneys (N = 161) completed a questionnaire about mediation and assessment of child custody issues. Comparisons by gender, years of family law practice, and status as a mediator revealed more similarities than differences among attorneys. There were gender differences in the strength of conviction of the importance of attending to abuse issues in mediation and assessment, with female attorneys holding stronger views than did their male counterparts. There were few differences among the opinions of lawyers based on their years of experience or their training in mediation, although, compared to nonmediators, mediators rated the positive effects of mediation more highly.     

Familial ideology,family law and mediation: Law casts more than a ‘shadow’

Pickett examines the contemporary debate among feminists over the risks of mediation as an alternative to the formal legal process in the area of child custody disputes. Pickett argues that the dichotomous nature of many feminist critiques of mediation suggests that law can operate outside the influence of a familial ideology which disadvantages women and which plays a large part within the discourse of the family mediation movement. Instead of seeing law and mediation as radical alternatives, with law as the preferred choice, Pickett suggests that these two modes of discourse are best seen as forming a continuum in terms of the superversion and regulation of the family.     

REPRESENTATION DISPARITIES AND IMPARTIALITY: AN EMPIRICAL ANALYSIS OF PARTY PERCEPTION OF FEAR,PREPARATION, AND SATISFACTION IN DIVORCE MEDIATION WHEN ONLY ONE PARTY HAS COUNSEL

While other authors have regarded both the presence and the absence of attorneys in family law mediation as cause for concern, little attention has been given to the questions raised when one party is represented and the other is pro se. This article presents data on mediating parties' premediation concerns, fears, and feelings of preparedness, as well as their postmediation satisfaction with the mediation process. The mediating parties are grouped based on each couple's representation status, for example, both represented by attorneys, both pro se, or one attorney‐represented party and one pro se party (mixed representation cases). The data show that mixed representation cases are the most likely to report concern, fear, and unpreparedness. Mixed‐representation cases also reported the lowest levels of satisfaction after the mediation. Some implications for mediation practice are discussed, as are suggestions for future research.     

A COMMENT ON WILLIAM J. HOWE AND HUGH MCISAAC'S ARTICLE “FINDING THE BALANCE” PUBLISHED IN THE JANUARY 2008 ISSUE OF FAMILY COURT REVIEW

This article is a response to an article written by William Howe and Hugh McIsaac that questions their recommendations that court‐based mediation not be used when certain types of persons appear in court. We assert that it will be very difficult for the court to identify these people. Further, we argue that mediation practice has advanced so far that even these persons (those with serious issues of domestic violence, substance abuse, and mental health) should be given an opportunity to participate in mediation before being referred to the adversarial court process.     

Prevalence of Spousal Violence and Associated Risk Factors: Facts from Pakistan Demographics and Health Survey 2012–13

The current study aims to investigate the risk factors associated with the prevalence of spousal violence among the women from 15 to 49 years of age in Pakistan in their marital relationship. Secondary data collected in Pakistan Demographic and Health Survey (PDHS) 2012–2013 is used. In the survey, respondents were selected using probability sampling technique from all the four provinces of Pakistan. Modified and shortened version of Conflict Tactics Scale is used to measure physical and psychological spousal violence among the women perpetuated by their ever husbands. Prevalence of physical, psychological, any type of spousal violence and associated risk factors were analyzed by unadjusted odd ratios (OR) and adjusted odd ratios (aOR). Education, profession, ethnicity and wealth index are found significant risk factors associated with spousal violence. Odds of experiencing spousal violence were higher among the poorer (aOR 1.700 CI 1.272–2.271) as compared to their richer counterparts. Moreover, the prevalence of spousal violence was found the highest (aOR 2.730 CI 2.162–3.447) in Pushton ethnic group. The study recommends improving the literacy rate and economic well-being of the poorer to address the problem of spousal violence in Pakistan.     

MEDGuide and patient package inserts--again?

This article will trace the history and effects of the PPI from the time of its original concept by the FDA in the early 1970's to its current status. It will also address the response to this FDA initiative by the industry, medical community and consumer groups. Initiatives in other countries and future issues will also be discussed.     

PARENTS BEYOND CONFLICT

This article describes a parent education program for high-conflict families in the Multnomah Country Circuit Court, Portland, Oregon. The method emphasized an educational approach teaching conflict resolution skills. This course was rooted in the tenets of cognitive restructuring: if parents think differently about the other parent and their shared task of raising their children, they will feel differently, and they will act differently. The authors beleived many of the difficulties between parents were caused by the negative perception of the other parent created during the spousal relationship. They also believed the key to successful co-parenting is to reframe these perceptions emphasizing cooperation and joint problem-solving. Furthermore, they believed as the cooperation and joint problem-solving improvement would have a positive, reinforcing effect. Finally, the authors believed parents must learn to separate conflict in the spousal role from conflict in the parenting role.     

Domestic Violence against Women in Cambodia: Husband’s Control,Frequency of Spousal Discussion,and Domestic Violence Reported by Cambodian Women

This study sought to examine the effects of husband’s control and frequency of spousal discussion on domestic violence against Cambodian married women, using the 2005 Cambodia Demographic and Health Survey data. The sample included 1,707 married women, aged 16–49 (M = 35.14). Structural Equation Modeling showed that husband’s control positively predicted both emotional and physical violence. Frequency of spousal discussion positively predicted emotional violence, an association consistent with the idea that a husband holding patriarchal beliefs would interpret women’s more frequent discussion as a violation of Cambodian norms for quiet, submissive wives. Frequency of spousal discussion and husband’s control were positively correlated. The role of gender issues in husband’s control and frequency of spousal discussion are discussed with respect to violence in the lives of Cambodian women.     

DIVORCE MEDIATION: Research and Reflections

Mediation and other forms of alternative dispute resolution (ADR) grew rapidly in the last few decades as a result of high divorce rates, frequent conflicts between parting parents, the resulting administrative burden on courts, and especially concerns about damaging effects on children and postdivorce family relationships. This article focuses on our longitudinal research involving randomized trials of mediation and adversary settlement to support the conclusions that mediation can: (1) settle a large percentage of cases otherwise headed for court; (2) possibly speed settlement, save money, and increase compliance with agreements; (3) clearly increase party satisfaction; and (4) most importantly, lead to remarkably improved relationships between nonresidential parents and children, as well as between divorced parents—even twelve years after dispute settlement. The key "active ingredients" of mediation are likely to include: (1) the call for parental cooperation over the long run of co-parenting beyond the crisis of separation, (2) the opportunity to address underlying emotional issues (albeit briefly), (3) helping parents to establish a businesslike relationship, and (4) the avoidance of divisive negotiations at a critical time for family relationships. We call for more research on mediation and other forms of ADR, as well as a renewal of the excitement and optimism of the "first generation" of mediators, qualities that are "active ingredients" in any successful social or psychological intervention.     

EMPOWERING PARENTS IN CHILD PROTECTION MEDIATION: CHALLENGES AND OPPORTUNITIES

One of the greatest challenges that parents face in child protection mediation (CPM) is to voice their concerns and negotiate on a relatively equal basis with the other mediation participants. This article considers how imbalances of power, limited confidentiality protection, and the personal problems that bring parents into the child protection process can limit a parent's ability to exercise self-determination in mediation and offers guidance for mediators seeking to conduct CPM in a manner that effectively empowers parents to meaningfully and collaboratively participate in mediation.     

WHO KILLS WHOM IN SPOUSE KILLINGS? ON THE EXCEPTIONAL SEX RATIO OF SPOUSAL HOMICIDES IN THE UNITED STATES*

A hitherto unremarked peculiarity of homicide in the United States is that women kill their husbands almost as often as the reverse. For every 100 US. men who kill their wives, about 75 women kill their husbands; this spousal “sex ratio of killing” (SROK) is more than twice that in other Western nations. Our analyses of spousal homicide samples from the United States, Canada, Australia, and Great Britain indicate that this contrast cannot be attributed to greater gun use in the United States, nor to a domain-general convergence of the sexes in their uses of violence. Significant predictors of the spousal SROK include registered versus de facto marriage, coresidency versus separation, ethnicity, and age disparity, but the impacts of these variables are not sufficient to explain the differences between US. and other nations’victim sex ratios.