Winning Through Mediation - Divorce Without Losers (From Alternative Means of Family Dispute Resolution, P 3-9, 1982, Howard Davidson et al, ed. - See NCJ-92365)

• NCJ Number: 92163
• Author(s): P Vroom; D Fassett; R A Wakefield
• Date Published: 1982
• Length: 7 pages
• Sale Source: American Bar Assoc
• Language: English
• Country: United States of America
• Note: Reprinted from The Futurist, V 16, N 1 (February 1982)

Annotation

This article explains how divorcing couples can now work out their own settlements with the aid of a professional mediator -- minus the time, expense, and acrimony of the traditional adversary process. It also suggests that the mediation alternative shows promise for solving wider problems as well -- from community controversies to international tensions.

Abstract

The article cites the advantages of mediation over court battles, especially in family dispute settlement and such matters as child custody. The need for mediation is viewed as arising from the rapid social changes transforming traditional families as well as from the judicial overload burdening the courts. The trend toward wider application of mediation is deemed a rehumanizing process, an alternative to the overinvolvement of 'experts' in the private lives of citizens. The role of the mediator is that of an impartial go-between who facilitates communication between the disputants and guides their negotiations toward a fair solution. As a new profession, it is a discipline drawing on the insights of the legal and the mental health professions. Initiated by ethnic communities (Chinese, Jewish), mediation services are gaining momentum throughout the country and receiving national attention and support. Illustrations are provided.