Process and outcome in divorce mediation

Slaikeu, Karl A.; Culler, Ralph E.; Pearson, Jessica; Thoennes, Nancy

doi:10.1002/crq.39019851005

Cited by 28 publications

(20 citation statements)

References 6 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Studies analyzing audiotapes of custody mediations indicate that mediators are more effective in reaching agreement when they are more active in structuring the process, focus more on problem solving, discuss options and solutions rather than facts, and maintain flexible control (Slaikeu, Culler, Pearson, & Thoennes, 1985). More effective mediators intervene more frequently when conflict is high; have greater communication competence; shape communications in productive, agreement-oriented directions; and focus on interests.…”

Section: Process Studiesmentioning

confidence: 99%

A Decade of Divorce Mediation Research

Kelly¹

1996

Family Court Review

View full text Add to dashboard Cite

A decade of divorce mediation research has focused on outcomes such as settlement rates, cost efficiency, client satisfaction, effect on levels of conflict and cooperation, psychological adjustment, and compliance. Despite methodological problems limiting generalizations, most studies report mildly favorable to very positive findings. Research on the mediation process and mediator behaviors has received very limited attention, and should be the focus of the next decade of research to elevate the mediation field to a more sophisticated, effective level of practice.

show abstract

Section: Process Studiesmentioning

confidence: 99%

A Decade of Divorce Mediation Research

Kelly¹

1996

Family Court Review

View full text Add to dashboard Cite

show abstract

“…The first work in this area was by Pearson (1982) and Pearson and Thoennes (19851, based on analyses of audiotapes of court-based mediation (see Slaikeu, Culler, Pearson, and Thoennes, 1985;Slaikeu, Pearson, Luckett, and Myers, 1985;Slaikeu, Pearson, and Thoennes, 1988). This work showed that mediators, especially those involved in cases that reached agreement, tended to be active and directive, playing a major role in structuring the process of mediation.…”

Section: Research In Family Mediation: a Review In Three Partsmentioning

confidence: 99%

Research in family mediation: Review and implications

Benjamin

Irving

1995

Mediation Quarterly

View full text Add to dashboard Cite

The rising popularity and prominence of family mediation has meant increasing research attention. In this article, the authors review fifty‐one studies in terms of three categories of research focus: process, outcomes, and predictors of mediated agreement. The authors conclude that family mediation is an effective and efficient service technology that, at its best, can be more helpful than litigation in assisting divorcing couples in conflict. The implications of this conclusion are examined for researchers, policymakers, and practitioners.

show abstract

“…Eight years later, reliable, empirical research comparing the immediate and longer-range effectiveness of different dispute resolution methods for resolving custody or divorce disputes remains quite limited (see Kressel & Pruitt, 1989;Pearson & Thoennes, 1989). Other than Pearson's empirical study of the Delaware child support mediation program, and the DMP, the few available studies (the majority from the Pearson data set) focus exclusively on child custody mediation in the court setting (Donahue, Allen, & Burrell, 1985;Donahue, Lyles & Rogan, 1989;Emery &Jackson, 1989;Emery & Wyer, 1987;Kressel, Butler-Defreitas, Forlenza & Wilcox, 1989;Pearson & Thoennes, 1984Slaikeu, Culler, Pearson, & Thoennes, 1985;Walker, 1989). In all these studies of custody mediation, the respondents concurrently used the adversarial legal system to settle disputed property and support issues.…”

mentioning

confidence: 96%

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

Kelly

1991

Behavioral Sci & The Law

View full text Add to dashboard Cite

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.

show abstract

Process and outcome in divorce mediation

Cited by 28 publications

References 6 publications

A Decade of Divorce Mediation Research

A Decade of Divorce Mediation Research

Research in family mediation: Review and implications

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

Contact Info

Product

Resources

About