Dispute Systems Design: A Family Case Study

Abstract

After nine years of marriage, the Browns separated with the intent to divorce. In their late thirties, they had one child, Melinda, age five. Mr. Brown decided to end the marriage while overseas on a six-month assignment, and informed his wife upon his return to the United States. They agreed there had been intense conflict during their marriage occasioned by major differences in needs, viewpoints, and personalities. The parenting of Melinda was the most successful aspect of the marriage.Prior to mediation, the Browns each sought legal advice about their rights in property, support, and custody matters, and then retained attorneys. On advice from attorneys, each refused to move out of the family residence, fearing legal advantage regarding custody and parenting time would result for the other. Numerous threats and counterthreats about custody and financial matters were made. The Browns stridently aired many grievances in the months before mediation. Mrs. Brown's attorney suggested mediation, and Mr. Brown reluctantly agreed to an initial consultation at the Northern California Mediation Center. During this meeting, each expressed doubt that the other would engage in good faith negotiations. However, after learning more about the process and goals of mediation, they both decided to give it a try. They signed the California mediation agreement, and began the mediation process to resolve all property, support, custody, and parenting issues. DiagnosisThe mediator (the author) began with the assumption that the Browns had a severely distressed dispute resolution system, serving a relationship that was now formally ending. Despite the marital dissolution, the Browns would have continuing financial, care-taking, and psychological responsibilities for their child, requiring numerous communications, face-to-face interactions, and deci-