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.     

Evaluating the work of Australia's Family Relationship Centres: Evidence from the first 5 years

Family Relationship Centres (FRCs) have been described as a centerpiece of Australia's 2006 family law reforms. This paper places these centres in the larger context of the reforms and their commitment to providing community‐based family services in the family law area. The paper also examines the empirical evidence regarding FRCs' use and effectiveness. It notes that while the objectives and intentions of FRCs place considerable emphasis on strengthening family relationships and assisting families to stay together, the centres themselves have only a modest level of direct involvement with intact families. FRCs tend to have strong links with other community‐based family services, many of whom are more engaged with intact families; but it is difficult to gauge their effectiveness in this area. Most FRCs' direct services are aimed at separating families and most of that work involves family dispute resolution (family mediation) and associated services such as screening and assessment and the provision of relevant information. A substantial majority of clients who attend FDR at an FRC reach agreement about their parenting arrangements either at FDR or subsequent to attending FDR. These agreements also tend to hold up in the medium term. A majority of parents believe that at FDR, the child(ren)'s needs were taken into account; the parenting agreement worked for the child(ren); and the parenting agreement worked for them. A substantial proportion of FRC clients come from families that have experienced family violence or other dysfunctional behaviours, and such behaviours reduce the chances of resolving parenting disputes. The paper concludes by suggesting that having been created mainly as a default alternative to legal interventions and court processes, it is likely that a major future strength of FRCs will lie in their emerging capacity to work constructively not only with other relationship services and networks, but with family lawyers and the courts.     

Families in Circle Process: Restorative Justice in Family Law

This article explores the use of “circle process”—a form of restorative justice—in family law and places this effort within a larger movement within the law toward law as a healing profession, or the “comprehensive law movement.” It explores the features and underpinnings of circle process and its relationship to original forms of dispute resolution such as those used in African‐style mediation and indigenous people's dispute resolution in North America. Values expressed by these forms of dispute resolution are argued to be particularly relevant in family law. Finally, it focuses on an innovative and exciting court‐sponsored program begun in Chicago in 2008, using circle process with families in conflict, in the Cook County Parentage and Child Support Court. This program's results suggest potential benefits and cautions of using circle process in family law.

Key Points for the Family Court Community:
• Restorative justice, in particular, circle process, can be used to resolve family law cases.
• Circle process widens the group of participants in alternative dispute resolution of family law matters.
• Circle process brings more voices to the table, namely, extended family, friends, and supporters, thus enhancing the group's decisionmaking.
• Judges will want to be sure the families in question are appropriate for circle process before referring them to this method of resolving disputes.
• Circle processes can result in improved communication and relations among families in conflict.
• Circle process reflects the values of “original dispute resolution,” which often in turn reflects ubuntu, the idea that all humankind is interconnected.
• Circle process is part of a greater movement towards law as a healing profession/the comprehensive law movement, which includes therapeutic jurisprudence.

     

FAMILY COURT ASSESSMENT:Dissolution of Marriage in Florida—Preliminary Assessment Findings

To obtain the empirical data necessary for the development of an effective family court case management model, staff from Florida's Office of the State Courts Administrator undertook a comprehensive assessment of (a) the movement of dissolution of marriage cases through the court system, (b) the factors affecting case flow and time frames, and (c) the system's responsiveness to the families and children it serves. Findings from this study are guiding the Florida Supreme Court's Family Court Steering Committee in its efforts to design an effective case management system that includes intake and referral, differentiated case management and tracking, case monitoring, and alternative dispute resolution.     

Evaluation of the University of Denver's Center for Separating and Divorcing Families: The First Out‐of‐Court Divorce Option1

The Resource Center for Separating and Divorcing Families (RCSDF) is the first U.S. alternative dispute resolution model to provide legal dispute resolution, therapeutic, educational, and financial services to separating and divorcing families in a single location outside the courthouse. Data were collected on 82 families at entry and service completion: service utilization, process timeliness, family satisfaction, and outcomes. Parents were highly satisfied with the process and demonstrated significant improvements in personal well‐being, co‐parenting, parenting quality, and reported reductions in children's anxiety/depression. Community partners felt RCSDF was a positive innovation in their community. The RCSDF model represents a culture shift from an adversarial process to a cohesive alternative that supports the well‐being of all family members.     

DISPUTE RESOLUTION AND THE POSTDIVORCE FAMILY: IMPLICATIONS OF A PARADIGM SHIFT1

Over the past two decades, there has been a paradigm shift in the way the legal system handles most family disputes—particularly disputes involving children. This paradigm shift has replaced the conventional model of adjudication with a more collaborative, interdisciplinary, and forward‐looking family dispute resolution regime. It has also transformed the practice of family law and fundamentally altered the way in which disputing families interact with the legal system. This essay examines the elements of this paradigm shift in family dispute resolution and explores the opportunities and challenges it offers for families, children, and the legal system.     

IN THE BEST INTERESTS OF CHILDREN

In the traditional family law and child protection litigation where the court is asked to make determinations based on the best interests of a minor, the adversarial, rights-based model often fails to serve the interests of children and families and may be more harmful than beneficial to children relative to other possible methods of dispute resolution. This article examines the shortcomings of such an adversarial, rights-based model; briefly highlights the literature on dispute resolution systems design; and then proposes a new approach to better serve the interests of children in family law and child protection cases.     

COMMENTARY ON "FAMILY BRIDGES: USING INSIGHTS FROM SOCIAL SCIENCE TO RECONNECT PARENTS AND ALIENATED CHILDREN" (WARSHAK, 2010)

This commentary reviews the goals, structure, and content of the intensive educational intervention described by Warshak (2010); raises concerns; considers the meaning of "success" in child alienation cases; and makes suggestions for future research. Titled Family Bridges: A Workshop for Troubled and Alienated Parent-Child Relationships, the program is a rigorous and disciplined approach designed to help participants repair severely derailed parent–child relationships. Family Bridges uses evidence-based instruction principles to maximize learning and create a safe atmosphere enabling the alienated child(ren) and rejected parent to be, and work, together. The multimedia materials selected for the 4-day program draw from social science research and focus on multiple and universal processes by which distortions of perception, memory, and thinking occur; negative stereotype formation; the impact of high conflict on children and parent–child relationships; effective communication and dispute resolution; and parenting skills training. Based on a small and diverse sample of families, Family Bridges demonstrates considerable promise as one type of intervention designed for these severely troubled relationships. Concerns include the cost of the intensive intervention, the absence of a parallel program for the favored parent, and whether the program can be replicated effectively. The family psychology and law fields would benefit significantly from research that evaluates Family Bridges and other educational and therapeutic interventions designed to help alienated children repair and strengthen balanced relationships with both parents.     

Gender in the Context of Same‐Sex Divorce and Relationship Dissolution

This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same‐sex couples upon divorce or other relationship dissolution. When same‐sex couples marry, the legal system and society at large may project conceptions of gender onto same‐sex couples, often in a manner that conflicts with couples' intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same‐sex relationships.     

AN EMPIRICAL ANALYSIS OF COLLABORATIVE PRACTICE

This article summarizes empirical research about Collaborative Practice, the Collaborative movement, its interaction with other parts of the dispute resolution field, and its impact on the field. It reviews studies of Collaborative Practice describing the individuals involved in Collaborative cases, how the process works, the operation of local practice groups, and the impact of Collaborative Practice on legal practice generally. Based on this analysis, it suggests an agenda for future research. Finally, it offers suggestions for constructive development of the Collaborative field.     

Battered Women's Perceptions and Expectations of Their Current and Ideal Marital Relationship

This study explores the current perceptions and ideal expectations battered women have for their marital relationships. Based on previous research on the Circumplex model of Olson (1979), it was hypothesized that battered women's current and ideal relationships would be categorized as Extreme according to this Model. The Extreme categorization has been associated with a variety of forms of family dysfunction. The Family Adaptability and Cohesiveness Evaluation Scales and Demographic Questionnaires were completed by 57 women during their stay at one of two Women's shelters, in addition to 22 in outpatient therapy through one of the shelters. Analyses revealed significant support for the current relationship hypothesis. As predicted, current perceptions fell into the Extreme category; ideal expectations more frequently fell into the Balanced family type. Clinical implications of the findings are discussed; suggestions for directions that future research in this area might take, are offered.     

HOFSTRA'S FAMILY LAW WITH SKILLS COURSE: IMPLEMENTING FLER (THE FAMILY LAW EDUCATION REFORM PROJECT)

The Family Law Education Reform Project (FLER) Final Report documented that the current doctrinally oriented family law curriculum at most law schools does not adequately prepare students for modern family law practice. FLER recommended that law school courses move from the study of cases to the study of the legal system's effect on families, and integrate the study of alternative dispute resolution and interdisciplinary knowledge. In response, Hofstra Law School has made a comprehensive attempt to implement FLER's curricular recommendations. This article discusses one major innovation – the Family Law with Skills course. Family Law with Skills is the basic course in Hofstra's revised curriculum and is designed to integrate doctrinal teaching with professional skills development. In addition to studying legal doctrine, students are required to engage in structured field observation of family court proceedings; interviewing, counseling, negotiation, and mediation representation exercises in a divorce dispute; direct and cross examination of a social worker in a child protection dispute; and drafting of a surrogacy agreement. The article describes each exercise and discusses its rationale, student reaction to the course, and lessons learned.     

Childhood Behavior and Adult Criminality: Cluster Analysis in a Prospective Study of African Americans

Adult criminality has important roots in childhood. While many studies have established that multiple problem behaviors in childhood increase the likelihood of future crime and deviance, the current study extends this “established” relationship by asking three questions: (1) Do different combinations of childhood behavioral risk factors affect adult offending? (2) Do family risk factors affect adult offending above and beyond these combinations of risks?, and (3) Are there gender differences present with respect to these two questions? Gender-specific cluster analyses identified seven clusters of childhood behavioral patterns based on teacher ratings measured in first grade among an epidemiologically-defined cohort of African Americans. Multinomial logistic regression analyses were utilized to examine the relationship of cluster membership, family risks, and criminal arrests through age 32 for serious violent and property crimes. While some gender differences emerged, both males and females in the multiple problem cluster were more likely to have later arrests for serious crime. Females who were frequently punished as first graders were most likely to have later arrests for serious crimes, while males who were from mother-only families were at higher risk of having serious criminal arrests compared to those from mother–father families. Implications for prevention and intervention strategies are also discussed.     

FAMILY LAW IS DIFFERENT

Family law and adjudication are conceptually different from most other areas of law. This difference, and the sensitive needs of members of all families in dispute, including children and people from differing ethnic cultures, demand particular awareness and skills from family lawyers and judges. These special features of family law and disputes imply that mediation is more benign than lawyer-controlled dispute resolution.     

WORKING TOGETHER

Family Court of Australia has employed four Aboriginal Family Consultants within the Family Court Mediation Service in Darwin and Alice Springs. The consultants were selected from local indigenous people and assist indigenous families who are often in heated dispute over children following family breakdown and separation. The program ultimately seeks to promote access to justice for Aboriginal and Torres Stvait Islander people in the jurisdiction of family law. The program seeks to achieve this by assisting indigenous people to access and utilize the dispute resolution services provided by the Family Court. Family consultants work closely with court mediators in responding to the needs and issues of indigenous families in dispute. The article describes the model of intervention adopted and highlights the benefits of the program with reference to case studies.     

Exploring Factors Which Lead to Successful Reunification in Domestic Violence Cases: Interviews with Caseworkers

This exploratory study investigated factors that Child Protective Service caseworkers believe lead to change for the domestic violence abuser and victim, and ultimately lead to success in terms of reunifying children who have been removed from their parents due to domestic violence. In-depth interviews with six caseworkers examined both successful reunification cases and unsuccessful reunification cases. The interview was structured around three areas of interest: services, the caseworker’s relationship with the parents, and social supports, in order to identify variables that may influence the family’s ability (or inability) to make the necessary changes for reunification with their children. Results revealed that successful reunifications took place within the families who fully engaged in services, admitted the issues within the family home, set clear boundaries with each other, and sought and maintained an appropriate support system. Implications for caseworkers involved with families experiencing domestic violence, as well as directions for future research, are discussed.     

Discrepancy between Mother and Child Perceptions of Their Relationship: I. Consequences for Adolescents Considered within the Context of Parental Divorce

Previous research has shown that parent-adolescent conflict is associated with adolescent adjustment. One possible source of conflict between parents and adolescents is the discrepant ways in which they perceive their relationship, which may contribute to adolescent adjustment difficulties. The present study examined the association between mother-adolescent discrepant views in their relationship and adolescent adjustment difficulties concurrently and longitudinally. In addition, the role of a family stressor, in this case parental divorce, in enhancing the discrepant views and moderating the relationship between discrepancy in perceptions and adolescent adjustment was examined. Results indicated that discrepancies in mother perception and adolescent perception of their relationship were associated with mother report of internalizing and externalizing behavior problems concurrently and longitudinally. Furthermore, discrepancies were significantly higher in divorced families than intact families, but divorce did not moderate the relationship between discrepancies and adolescent adjustment. Clinical implications and directions for future research are discussed.     

Family-of-origin factors and partner violence in the intimate relationships of gay men who are HIV positive

This exploratory study examined the prevalence of intimate partner violence in a sample of gay men who are HIV positive. The concept of intergenerational transmission of violence, from family systems theory, provided the basis of this examination. It was hypothesized that men who had witnessed or experienced violence in their families of origin would be more likely to perpetrate or experience violence in their intimate relationships. Perpetration and receipt of abuse were assessed to provide a more comprehensive examination of these relationships. The results of this study indicated that psychological abuse was the most commonly reported form of violence in these relationships. The results also provided partial support for the hypothesized relationship between family-of-origin violence and subsequent violence in an intimate relationship. Implications for future research and intervention are discussed.     

Enhancing the assessment of verbal aggression through observational methodology

The assessment of verbal aggression in adolescent and young adult dating relationships has largely relied on self-report methodology. We investigated whether information on verbal aggression derived from an observational assessment would enhance the prediction of romantic relationship satisfaction and dissolution in a sample of young adult dating relationships (N = 113). Observationally assessed verbal aggression was moderately associated with self-reported verbal aggression. Consistent with previous findings, neither self-reported nor observationally assessed verbal aggression was associated with relationship dissolution. Observationally assessed verbal aggression and self-reported verbal aggression each uniquely accounted for a substantial amount of variability in romantic relationship satisfaction. The findings of this study provide additional support for conducting multimethod assessments of verbal aggression and incorporating observational methodology in the study of aggression in young adult dating relationships.