This article presents a review of the substantial literature concerned with the question of how children from divorced families adjust under different custodial arrangements. Existing empirical research tends to be methodologically weak, and the results reported have been inconsistent. Moreover, the level of interparental conflict present in the family before and after the divorce appears to be a powerful mediating variable that affects children's adaptation to different custodial situations. It is concluded that custodial decisions should be made on an individual basis, with no presumption that custody should be awarded to either the mother or the father. It is clear that regardless of the decision regarding custody, parents should be educated regarding the importance of avoiding overt hostility and establishing a workable co-parenting relationship.
The adversary legal system has frequently been criticized by the mental health professions as poorly designed to meet the psychological needs of families. This article explores why that criticism is true. Successful adjustment to divorce by couples and their children requires the completion of critical psychological and practical tasks early in the divorce. In particular, the noninitiating spouse must come to terms with the fact of divorce and control the intense emotions that accompany the decision to divorce. The norms and values of the legal system and the perceptions and behaviors of the lawyers interfere with completion of the psychological tasks and retard adaptation. Mediation is viewed as an appropriate model for supporting the completion of successful divorce.
This review article focuses on the claims made by the proponents of divorce mediation regarding the efficiency, accessibility, relevance and self-empowering potential of this dispute-resolution technique in comparison to litigation. The review also considers criticisms that have been leveled at divorce mediation: that efficiency is purchased at the price of fairness; that accessibility comes at the expense of quality; that personal relevance implies poor outcomes for the weaker spouse; that pursuit of self-empowerment detracts from the primary goal of achieving a satisfactory and durable settlement. Based on existing empirical research on the outcomes of mediation, it is concluded that this approach is superior to litigation. Current challenges to mediation are identified and discussed.
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