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.     

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.     

IMPLICATIONS OF THE DIVORCE MEDIATION ASSESSMENT INSTRUMENT FOR MEDIATION PRACTICE

The development of the Divorce Mediation Assessment Instrument (DMAI), based on six dimensions—commitment, social-psychological factors, values, understanding, skills, and conflict—was in response to the need to systematically assess clients' readiness for divorce mediation and to inform and guide intervention. Tests on DMAI showed high reliability, and reasonable instrument validity. The implication of DMAI for mediation practice is discussed in terms of the various outputs of DMAI: DMAI score, subscale score, and item score. Issues in assessment raised included highlighting strengths, working on agreements, and preventive intervention. DMAI's implication for theory building and research is also discussed. Careful assessment is needed for appropriate use of mediation, and the DMAI provides a model of assessment which has clinical, empirical, and theoretical validity.     

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.     

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.     

DOMESTIC VIOLENCE,DOVE, AND DIVORCE MEDIATION

The primary objective of this article is to describe DOVE, a 19‐item instrument designed to assess and manage the risk of domestic violence between partners during and following their participation in divorce mediation. Assessing risk, more specifically how DOVE can be used to assess risk, is described first. The resulting risk scores (TOTDOVE) are used to assign individuals to risk categories. Problems associated with using categorical, frequency, and probability risk assessment formats in interpreting and communicating risk are discussed in the second segment of the article. A dual, categorical/probability format is advocated. Managing risk using Safety Plan interventions that are linked with risk category and predictor subscores on control, substance abuse, anger, relationship problems, mental health problems, and conflict is covered in the final segment.     

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.     

CULTURE, DIVORCE, AND FAMILY MEDIATION IN HONG KONG

Over the past three decades, Hong Kong has witnessed unprecedented economic prosperity, a decrease in family solidarity, an increase in social problems, and a dramatic rise in the incidence of divorce. Under colonial rule for 150 years, which ended with the return of sovereignty to China in 1997, the identity of the Hong Kong Chinese is a combination of traditional Chinese and modern Western culture. Despite Western influences, Chinese cultural heritage remains the major source of influence in all aspects of life. This article presents a summary of traditional Chinese culture, characteristics of contemporary Hong Kong society, factors believed to influence the high divorce rate, and the impact of divorce on Hong Kong families. The development, use, acceptability, and effectiveness of mediation in Hong Kong is reviewed, and suggestions for adapting it to Chinese families are proposed. Direction for future development of mediation in Hong Kong focuses on the need for further research to develop a scientifically sound knowledge base that will help to inform culturally competent mediation practice.     

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: 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.