STANDARDIZATION OF DIVORCE MEDIATION

The importance of controlling for the effects of “mediator” variables has largely been overlooked in the mediation research. A survey of conciliation workers attached to the Victoria Family Court found no standard practice in the orientation of clients to the process of mediation, and the delivery of mediation services.     

MEDIATION AND DIVORCE

This article describes the Danish system, tracing its roots from the days when the crown dealt with all matters involving the family. The role of the amtmen in granting divorce through this administrative process is described. A total of 94% of all divorces in Denmark are handled through this procedure.     

A DECADE OF DIVORCE MEDIATION RESEARCH

A decade of divorce mediation research has focused on outcomes such as settlement rates, cost efficiency, client satisfaction, effect on levels of conflict and cooperation, psychological adjustment, and compliance. Despite methodological problems limiting generalizations, most studies report mildly favorable to very positive findings. Research on the mediation process and mediator behaviors has received very limited attention, and should be the focus of the next decade of research to elevate the mediation field to a more sophisticated, effective level of practice.     

DIVORCE MEDIATION IN ISRAEL

Divorce mediation, as it has evolved in North America, is a relatively new development in Israel. The Israeli socio-legal and cultural context present several obstacles along the road to cooperative settlement of divorce conflicts. This article discusses the secular and religious dual court systems, the Jewish law requiring mutual agreement to divorce, and the impact of certain inequalities of the sexes. Mediation services in the public and private sectors are described.     

DIVORCE MEDIATION AMONG ASIAN AMERICANS

This article explores the Asian American use of mediation and the effects of increasing divorce rates on the Asian American family. It examines mediation across cultural settings and documents the need for mediators to be versed in understanding persons from many different cultures.     

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.     

NARCISSISTIC BORDERLINE COUPLES: IMPLICATIONS FOR MEDIATION*

Suddenly my head begins to spin. I feel dizzy and confused. My head keeps going round and round. In front of me sits a married couple; they go on and on in circles, going nowhere. A feeling of despair overwhelms me as I think to myself, This couple needs to be in therapy. I then realize I am the therapist.     

SAMSON AND DELILAH IN DIVORCE MEDIATION

Does divorce mediation pose special problems for women that it does not pose for men? This article argues that the metaphor of power imbalances that has been invoked to express this concern has not only caused those in the field to see husbands and wives in political terms, but also prevented them from seeing how women, as well as men, influence the outcome of the discussions that take place between them.     

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.     

DEVELOPMENT OF UNIFORM STANDARDS OF PRACTICE FOR COURT-CONNECTED CHILD CUSTODY MEDIATION IN CALIFORNIA

This article describe the 2-year process used to develop the Uniform Standards of Court-Connected Child Custody Mediation in California recently adopted by the Judicial Council of California. The text of the adopted Uniform Standards is incorporated in this article.