NCJ Number
104969
Journal
Houston Lawyer Volume: 24 Issue: 2 Dated: (September-October 1986) Pages: 33-38
Date Published
1986
Length
6 pages
Annotation
Mediation provides a means for reducing the hazards of divorce while helping families learn constructive problemsolving skills.
Abstract
Mediation is a voluntary process in which disputing parties explore ways to negotiate their differences and reach a satisfactory resolution with the aid of a third, neutral party. It incorporates the skills of both law and therapy by using problemsolving skills and being goal-oriented (law), and emphasizing the family as a system and restructuring communication (therapy). Divorce mediation may deal with such issues as custody, division of property, child support, visitation, and alimony. Usually the mediator sees the couple together. The couple explains their situation and the problems to be resolved. Following an information-gathering process, the parties define issues and formulate agreements. Experts may be brought in if necessary. Once an agreement is reached, a document is prepared, reviewed by the parties' attorneys, signed, and used in preparation of the court order. Critics of divorce mediation have cited inequality of power between disputants, the attorney's professional responsibility to the client, and the use of nonlawyers as mediators. These problems, however, are not insurmountable. Overall, divorce mediation has been shown to be easier on the family than a contested divorce, and divorcing couples consistently show greater satisfaction with mediated agreements than with those reached through litigation. 9 footnotes.