NCJ Number
93275
Journal
Mediation Quarterly Issue: 1 Dated: (September 1983) Pages: 15-31
Date Published
1983
Length
17 pages
Annotation
This paper describes the thrust behind the development of divorce mediation and presents an overview of the structure, format, and methods of practice of mediation around the country; practical considerations, such as clientele, referral sources, methods of funding, and legal and ethical constraints are discussed as well.
Abstract
The thrust behind the development of divorce mediation programs comes from four separate areas: the court system, including members of the judiciary and court-connected personnel; the mental health community; the legal community; and divorcing individuals. While this multidisciplinary and multisetting support for divorce mediation provides broad-based support for the field, this same multimodal approach contributes to the conflicts and territorial proprietorship that now exists. The settings for mediation include the court, sole practitioners, and agencies or clinics. The two most notable features of court-based mediation services are limitation of the issues mediated to the relationship between parents and children and their symbiotic relationship with the court system. The sole practitioner is most commonly a mental health practitioner who offers divorce mediation in addition to counseling services. The agency or clinical setting most often takes the form of a community mental health agency or clinic that offers a range of services provided by a number of professionals. As yet, divorce mediation has not been established as a distinct academic discipline. Social workers compose the largest professional group involved in divorce mediation, with family therapists, psychologists, and psychiatrists forming the next largest group. Issues of certification and standards of practice have been raised, but many of the professionals involved in mediation consider that the field is too new to have evolved a refined methodology amenable to tests of certification. Mediation models appear to fall into three general categories: therapeutic, structured, and interdisciplinary. These models are influenced both by the academic discipline of the mediator and the issues being mediated. Consideration of users, referral sources, means of financial support, and community constraints on the practice is important because these shape the delivery of services and indicate future developmental issues in the field. The future for mediation must be shaped by educating the public -- the potential users of divorce mediation services -- as well as the professional sector -- the source of referrals and future mediators. A professional conscience must also be developed. Thirteen references are listed.