NCJ Number
98057
Date Published
1984
Length
14 pages
Annotation
This paper analyzes the organization, operation, and experience of divorce mediation services in the private and public sectors. Conclusions were based on data from site visits conducted at three court-based programs in Minnesota, California, and Connecticut and questionnaires administered to programs nationwide in the summer and fall of 1981.
Abstract
Initially, 200 questionnaires were mailed to court-connected family counseling services, members of the Association of Family and Conciliation Courts, and others who had attended conferences on mediation sponsored by the Association of Family and Conciliation Courts. A second set of questionnaires was mailed to 800 members of the Family Mediation Association and to individuals who did not respond to the first mailing. A total of 315 completed questionnaires was received: 59 came from court-based programs and 256 from private services. Additionally, open-ended interviews were conducted with administrators, mediators, and judges in court-based and private mediation programs in Boston/Cambridge, Massachusetts; Portland, Oregon; San Francisco, Los Angeles, and Atlanta. Results reveal that the recent development of divorce mediation services was stimulated by a general conviction that adversarial forums are inappropriate for the resolution of family disputes and that crowded court dockets needed alleviation. Although mediation began in the public sector, the private sector has experienced extensive development since 1980. There are approximately 256 private and 53 public divorce mediation services. Mediation in the public sector utilizes less time and fewer sessions, but has severe problems attracting enough clients. Public and private sector arbitration programs identify similar needs -- principally, public education about alternatives to adjudication. Thirteen tables are included.