NCJ Number
92160
Date Published
1982
Length
31 pages
Annotation
Divorce mediation is a process that recognizes marital dissolution as both a matter of the heart and of the law. It appears to be a promising alternative that may benefit family members and decrease the burden on the courts by resolving many cases that can be diverted to this less costly procedure.
Abstract
Divorce mediation is defined as a nontherapeutic process by which the parties together, with the assistance of a neutral resource person or persons, attempt to systematically isolate points of agreement and disagreement, explore alternatives and consider compromises for the purpose of reaching a consensual settlement of issues relating to their divorce or separation. Mediation is a process that gives back to the parties the responsibility for making their own decisions about their own lives. It is usually conducted in private without the presence of the parties' attorneys. Unlike the adjudicatory process, the emphasis in mediation is not on who is right or who is wrong but rather upon establishing a workable solution and resolution that best meets the family's own unique needs. A policy that provides parents with the option of mediation should enhance continuing family ties and should best meet the needs of the children involved. Issues to consider in the mediation process are discussed, including the role of the courts, fairness, protection of children, money versus children, property division, who should serve as mediators, and interdisciplinary comediation teams.