The Mediation Window: Regulation of Argumentation and Affect in Custody Mediation

Kjøs, Peder; Tjersland, Odd Arne; Roen, Katrina

doi:10.1080/10502556.2014.950901

Cited by 9 publications

(4 citation statements)

References 20 publications

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“…There is much more to be said about mediation strategies. Our research team has addressed questions about the methodology in other articles (Gulbrandsen , ; Kjøs, Tjersland, and Roen ). Here we comment on the mediator's position and the legal and social context for improving work with HC couples.…”

Section: Discussionmentioning

confidence: 99%

Mandatory Mediation outside the Court: A Process and Effect Study

Tjersland

Gulbrandsen

Haavind

2015

Conflict Resolution Qtrly

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In a study of 154 couples in precourt mandatory mediation in Norway, a majority of the thirty‐eight high‐conflict (HC) cases left the mediation after two sessions and without any agreements. Eighteen months later, five of ten HC couples were still without an agreement. With seven sessions available free of charge, the mediation system seems to fail at helping the HC cases. The authors discuss some of the challenges that are attached to a mandatory mediation system. One explanation seems to be the attempt to fulfill several ambitions with the same intervention. Some ideas for improvement of the system are introduced.

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Section: Discussionmentioning

confidence: 99%

Mandatory Mediation outside the Court: A Process and Effect Study

Tjersland

Gulbrandsen

Haavind

2015

Conflict Resolution Qtrly

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“…Most often, such issues were addressed with both parents present. In one case, the mediator had separate sessions with each parent before continuing mediation (Kjøs, Tjersland, & Roen, 2014).…”

Section: Focus On the Agreement To Be Reached Vs Focus On Emotions mentioning

confidence: 99%

Mediation strategies in the face of custody conflicts

Gulbrandsen¹,

Haavind

Tjersland

2018

Conflict Resolution Qtrly

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Systematic analyses of initiatives and responses from mediators working with parents in intense conflicts about child custody and care brought forward variations in effective strategies. The findings are presented along six dimensions: The topics that were addressed, how the agenda for the sessions was decided, focus on agreement vs relational topics, oral vs written orientation, limited vs generous time, and parental vs system focus. Effective mediators handled these dimensions with flexibility, recognized and validated both parents' perspectives, accepted and explored differences, differentiated topics, focused on relational issues when needed, tracked the process by written summaries, and encouraged testing solutions.

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“…In the total group of thirty‐eight high‐conflict cases in the FORM material, the orderliness of turn‐taking varied greatly (Gulbrandsen, ; Kjøs, Tjersland and Roen, ). In the five cases analysed for the present study, however, all parents adhered to the mediator's suggested discussion format, allowing him to allocate speaking time efficiently, and to initiate shifts between long‐term and short‐term goals, and between relational and factual issues.…”

Section: Mediator Interventionsmentioning

confidence: 99%

Alliance formation in high‐conflict custody mediation: a serial case analysis

Kjøs

Oddli

2017

Journal of Family Therapy

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Through an in‐depth qualitative analysis of five cases of mandatory high‐conflict custody mediation, we analysed interpersonal processes associated with the early formation of a working alliance in a three‐way interaction. The analysis showed that the mediator efficiently managed the focus of the conversation and validated the parents’ perspectives, but was reticent in addressing interactional issues. Our findings suggest that mediators in high‐conflict custody mediation cases can facilitate the formation of an alliance between the parents, as well as between the mediator and the parents, by taking into account three main aspects of the interaction: (1) the management of the focus of the conversation; (2) validation of the parties’ perspectives; and (3) adapting interventions and tasks to the cohesion of the parent dyad. Practitioner points Mediators support the formation of a collaborative alliance by managing the focus of the conversation and validating parties’ perspectives Low parent dyad cohesion may bar cooperation on seemingly minor issues and a working alliance should be established early on Ample spacing between mediation sessions allows parents time to try out and evaluate different practical arrangements Working on concrete items of a parenting plan contributes to improving cooperation

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The Mediation Window: Regulation of Argumentation and Affect in Custody Mediation

Cited by 9 publications

References 20 publications

Mandatory Mediation outside the Court: A Process and Effect Study

Mandatory Mediation outside the Court: A Process and Effect Study

Mediation strategies in the face of custody conflicts

Alliance formation in high‐conflict custody mediation: a serial case analysis

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