Parent interaction after divorce: Comparison of mediated and adversarial divorce processes

Abstract

The interactions and perceptions of two groups ofdivorcing parents using different dispute resolution processes were compared at final divorce and at 1 and 2 years post-divorce. Using objective and standardized measures, the effectiveness of a comprehensive divorce mediation process was contrasted to the more customary two attorney adversarial process. The 153 parents at final divorce were part of a larger, longitudinal study of 435 divorcing men and women who were followed from the beginning of divorce to 2 years post-divorce. Parents in the divorce mediation group reported less conflict during the divorcing period, and less conflict, more contact and communication, and a more positive attitude toward the other parent at final divorce, results which remained significant after controlling for several baseline group differences. The majority of differences favoring the mediation intervention continued through the first year after divorce, and disappeared by the 2 year post-divorce data collection. The nature of the mediation process is discussed in relation to these parental behaviors and attitudes.The rapid development and implementation of divorce mediation in the early 1980s followed a decade of increasing discontent with the legal system as well as growing concern about the psychological, social, parental, and economic consequences of the adversarial divorce process for all family members during and after divorce. The estimated failure in the early 1980s of more than 40% of the post-divorce population to comply with support and custody orders aroused further interest in developing more effective, alternative mechanisms for handling divorce disputes and issues. Enthusiastic advocates of divorce mediation made glowing but unsubstantiated claims about the positive impact of mediation, while critics denounced divorce mediation as likely to deprive divorce participants of their legal rights and the equitable outcomes presumably ensured by the adversarial process.

Using Child Development Research to Make Appropriate Custody and Access Decisions for Young Children

“…Parents should be encouraged by attorneys or mediators to communicate directly, either verbally or in writing. If this is not possible due to the intransigence of either or both parents, then the court should order the involvement of co-parenting consultants, special masters, or custody mediators until the normal angers of divorce subside (Emery, 1994(Emery, , 1999Kelly, 1991Kelly, , 1994. It is important as well to recognize that protracted litigation and the specter of winning or losing delay the decline of conflict (Maccoby & Mnookin, 1992), and thus, such disputes should be resolved with speed.…”

Divorce Mediation: Research and Implications for Family and Couples Counseling

“…However, one Canadian study reported higher child and spousal support amounts in the mediated group (Richardson, 1988). Property agreements reached in mediation do not differ significantly from either litigated settlements or attorney-negotiated settlements, but mediation clients view them as more fair (Kelly, 1991b;Pearson, 1991).…”

“…Two studies of financial outcomes found no difference in child support amounts between mediated and litigated processes, although mediation fathers appear to pay for more "extras" for their children and are more likely to agree to provide for college expenses (Kelly, 1991b;Pearson & Thoennes, 1989). However, one Canadian study reported higher child and spousal support amounts in the mediated group (Richardson, 1988).…”

Dispute Systems Design: A Family Case Study

“…Research in comparative divorce processes has found that large numbers of existing and potential disputes are not resolved during the adversarial process, either through attorney negotiation or judicial intervention. Many agreements are vaguely worded, and that lack of specificity encourages future disputes (Kelly, 1988). This is particularly true of visitation and parenting agreements.…”