NCJ Number
130571
Journal
Juvenile and Family Court Journal Volume: 42 Issue: 2 Dated: (1991) Pages: 61-74
Date Published
1991
Length
14 pages
Annotation
Alternative dispute resolution procedures, including mediation, may be particularly applicable in divorce cases because the underlying personal, relationship, and psychological issues, often irrelevant in a court, can be addressed.
Abstract
Mediation has a long history in a variety of cultural and social contexts. In the U.S., religious leaders and ethnic institutions are the main sources of mediation. In the context of divorce, mediation uses a neutral, third party facilitator. Its proponents claim that mediation is expeditious, inexpensive, private, reasonable, and amenable to the airing of grievances. It reduces alienation and leads to mutually satisfying agreements. Other benefits include increased compliance and fewer relitigations as well as generally favorable outcomes in terms of child custody and visitation. Divorce mediators strive to enhance communication, maximize the exploration of alternatives, address the needs of all parties, and provide a model for future conflict resolution. Divorce mediation services are usually court-based, private practitioner, or agency-based. Among the issues to be considered in divorce mediation are what types of clients are most appropriate, whether the clients are participating voluntarily or through a court mandate, what are the role and qualifications of the mediator, and the nature of the agreement. 45 references