NCJ Number
96850
Journal
Juvenile and Family Court Journal Volume: 35 Issue: 1 Dated: (Spring 1984) Pages: 57-72
Date Published
1984
Length
16 pages
Annotation
This chapter discusses the concept of mediation, the divorce mediation process, mediation benefits and problems, family involvement in divorce mediation, evaluation of the mediation process, and the goals and focus of mediators.
Abstract
Procedures followed by the Family Mediation Association (FMA) are are highlighted to show how mediation is used in a marital dispute. Parties who use the FMA model prepare and sign a mediation agreement, a contract which creates a forum for the parties to settle existing disputes as an alternative to an adversary litigation process. The mediator plays a supportive role during the negotiation, helps to clarify issues and identify underlying interests, exposes areas of conflict, and guides the parties toward agreement. Benefits of mediation include its nonadversarial approach, involvement of all interested parties in the conflict resolution, lower cost, tax advantages, the opportunity to coordinate between professional disciplines, and provision of a framework for full discussion of the custodial issue. Results of a 3-year evaluation of the Denver Custody Mediation Program (Colorado) suggest that the mediation process appears to be working. One serious poential drawback to mediation is the possible inequality in the parties' bargaining capacities, but often, a skilled mediator can neutralize a power device by recognizing and exposing it. Mediation goals and focus should remain the same regardless of the professional involved -- attorney, social worker, or other mental health professional. Included are 196 footnotes.