NCJ Number
103380
Journal
Mediation Quarterly Issue: 14-15 Dated: (Winter 1986-Spring 1987) Pages: 7-21
Date Published
1986
Length
15 pages
Annotation
Mediation in divorce proceedings must deal with children's emotional and developmental needs, but currently it often fails to recognize or address these needs.
Abstract
The adversarial legal system is poorly suited to resolving family conflicts and safeguarding the developmental needs of children. Nevertheless, the system does recognize that marital problems often reduce the parents' ability to use good judgment on behalf of their children. Mediation is intended to provide an improvement over the court system, but often it does not. Mediation focuses on the process of dispute settlement, based on a rational economic model of decisionmaking. The mediator creates a safe situation in which parents can meet, identify conflicts, and reach settlement. Mediation generally involves three types of people: those seeking benign authority and guidance, those who are fighting for the child, and parents enmeshed in other conflicts that are extended to the children. Mediators must understand the changes that divorce produces in relationships between parents and children and must understand whether or not mediation is appropriate for a particular situation. They must use their skill and knowledge to evaluate the parents' ability to separate the adult dispute from the child's dispute and to address the child's needs realistically. 16 references.