Research in contested custody mediations: An illustration of the case study method

Kressel, Kenneth; Butler-DeFreitas, Frances; Forlenza, Samuel G.; Wilcox, Cynthia

doi:10.1002/crq.39019892406

Cited by 19 publications

(12 citation statements)

References 7 publications

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“…Finally, the research reviewed here suggests the need to redefine success in mediation. Specifically, we need to move away from what Kressel, Butler-DeFreitas, Forlenza, and Wilcox (1989) called "settlement mania." Traditionally, mediation is seen as successful only if client agreement is achieved.…”

Section: Discussionmentioning

confidence: 99%

Research in family mediation: Review and implications

Benjamin

Irving

1995

Mediation Quarterly

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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.

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Section: Discussionmentioning

confidence: 99%

Research in family mediation: Review and implications

Benjamin

Irving

1995

Mediation Quarterly

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“…However, Kelly, Gigy, and Hausman did report an association between concrete indications of continuing attachment (current ties) and client termination of mediation. In an early case study, Kressel, Butler-DeFreitas, Forlenza, and Wilcox (1989) concluded that continuing attachment and ambivalence within the couple contributed to difficulties during mediation and resulted in poor outcome. However, in a subsequent study, it was argued that although attachment by one party is an obstacle to settlement, the mediation process could usually overcome its negative impact (Kressel and others, 1980).…”

Section: Mediation and Divorcementioning

confidence: 99%

Divorce adjustment and mediation: Theoretically grounded process research

Bickerdike

Littlefield

2000

Mediation Quarterly

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Drawing on models of the divorce adjustment process, conflict theory, and previous research, a number of hypotheses were derived about the influence of divorce process variables on disputant behavior in mediation and mediation outcome. Premediation levels of attachment, anger, and sadness were assessed in 112 couples and the mediation sessions offifty of these were videotaped. An existing coding instrument was modijed to quantify disputant behaviors. Specijc behaviors in mediation were found to be predictive of mediation outcome. Antecedent attachment and anger were found to be predictive of behavior in mediation and mediation outcome. In this article, the impticationsfor mediation practice are discussed.Empirical research in divorce mediation is limited in quantity and scope. The majority of efforts have been directed toward demonstrating efficacy, as the field has needed to establish its credibility and jostle for position within an already crowded marketplace. Although generally positive, the efficacy research has demonstrated considerable variability in outcomes (Kressel, 1985), suggesting that the types of intervention and the various models of divorce mediation differ in their degree of effectiveness. However, much of the research has treated the mediation process as a "black box" (Benjamin and Irving, 1995), comparing intake data and agreement rates with limited reference to what actually transpires in mediation. Consequently, there is little common understanding of the mechanisms involved and the circumstances under which mediation is more or less effective (Kressel, Butler-DeFreitas, Forlema, and Wilcox, 1989).Part of the difficulty is the absence of a coherent theory to explain how individuals in conflict behave in mediation and how mediators can intervene

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“…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.…”

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confidence: 96%

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

Kelly

1991

Behavioral Sci & The Law

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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.

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Research in contested custody mediations: An illustration of the case study method

Abstract: The case study method is well suited to investigating many of the conceptual, strategic, and practical issues raised by contested custody mediation. It is also a method with the potential for involving more practicing mediators in the research enterprise.

Cited by 19 publications

References 7 publications

Research in family mediation: Review and implications

Research in family mediation: Review and implications

Divorce adjustment and mediation: Theoretically grounded process research

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

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