Mediating and Litigating Custody Disputes - A Longitudinal Evaluation

• NCJ Number: 95309
• Journal: Family Law Quarterly Volume: 17 Issue: 4 Dated: (Winter 1984) Pages: 497-524
• Author(s): J Pearson; N Thoennes
• Date Published: 1984
• Length: 28 pages
• Publication Format: Article
• Publication Type: Program Description (Model)
• Language: English
• Country: United States of America

Annotation

Using court files and interviews with 880 cases, the Denver Custody Mediation Project (Colorado) examined the results of mediating child custody and visitation disputes and compared this process to the traditional adversarial system.

Abstract

Nearly 43 percent of the cases assigned to the mediation group and 64 percent assigned to control group ultimately proved to be inappropriate for various reasons, including resolution, reconciliation, or existing language and geographic barriers. Nearly 50 percent of those offered free mediation services rejected the offer. An analysis of short-term effects of mediation and adjudication based on interviews with 235 mediation, 94 control, and 133 'rejecting' group individuals revealed that about 80 percent of those exposed to mediation produce their own custody and visitation agreement, either during or after the process. However, almost half of those never exposed to mediation rely on the court for a decision. In fact, the first followup interviews show that regardless of the outcome, mediation generates greater satisfaction and is credited with improving the relationship between former spouses. Successful mediation clients also enjoy more satisfaction and compliance with their agreements than those who rely on the adversarial system. They have the most contact with their children, including joint custody arrangements and generous visitation. Finally, they move through court most rapidly, resulting in modest savings in attorneys' fees. Followup interviews conducted 9-10 months after final orders show that successful mediation clients maintain a number of very desirable behaviors and attitudes over time. Compared to their adversarial counterparts they are more optimistic about resolving future problems with their former spouses without returning to court, more satisfied with their decrees and court orders, and least likely to report serious problems with their orders. However, unsuccessful mediation clients are not greatly changed by their exposure to mediation. Topics for future research on mediation services are suggested. Seven tables and 49 footnotes are provided.