The neutral mediator: Value dilemmas in divorce mediation

Bernard, Sydney E.; Folger, Joseph P.; Weingarten, Helen R.; Zumeta, Zena

doi:10.1002/crq.39019840406

Cited by 32 publications

(31 citation statements)

References 6 publications

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“…In addition, it appears that these mediators will successfully avoid using undesirable or counterproductive tactics that hinder conflict resolution. These conclusions support the more interventionist, or control-oriented, mediation model advocated by Bernard, Folger, Weingarten, and Zumeta (1984) and Folger and Bernard (1985).…”

Section: Discussionsupporting

confidence: 69%

“…Generally, the prevailing assumption is that mediators should become involved in the dispute resolution process only to the extent necessary to enable, or empower, the disputants to discover their own remedy. We acknowledge, however, that a more interventionist, or control-oriented, model of mediator practice, especially in divorce mediation, is advocated by some practitioners and scholars, such as Bernard, Folger, Weingarten, and Zumeta (1984) and Folger and Bernard (1985).…”

mentioning

confidence: 92%

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The impact of mediator strategic choices: An experimental study

Kimsey¹,

Fuller²,

Bell³

et al. 1994

Mediation Quarterly

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This experimental study of mediator strategic‐choice behavior examines disputants' perceptions of mediator competence, disputants' potential reframing behavior, and the choices of conflict management message style that disputants make in response to mediator behavior. The study focuses on disputants' responses and behaviors that result from mediator facilitation strategies, as originally defined by the strategic‐choice model. The data suggest that mediators can manipulate positive mediation outcomes by employing various strategic‐choice facilitation strategies. Evidence presented suggests ways to overcome the negative consequences of a double standard for evaluating mediator competence, often used by disputants when a mediator successfully mediates.

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Section: Discussionsupporting

confidence: 69%

mentioning

confidence: 92%

The impact of mediator strategic choices: An experimental study

Kimsey¹,

Fuller²,

Bell³

et al. 1994

Mediation Quarterly

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“…In addition, a few other dilemmas presented themselves in the course of this process. Bernard, Folger, Weingarten, and Zumeta (1984) relate to the view that the needs of the children should always be the foremost consideration, by posing several questions: W h o determines their needs, a n d who decides in case there are differences of opinion? Who holds the key to the child's welfare: the parents, or the mediator?…”

Section: The Mediator's Dilemmas In This Casementioning

confidence: 99%

“…With few exceptions, mediation documents specifically identify the mediator as a "third party neutral" (Bernard, Folger, Weingarten, and Zumeta, 1984).…”

mentioning

confidence: 99%

The limits of the mediator's neutrality

Cohen

Dattner²,

Luxenburg³

1999

Mediation Quarterly

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The subject of this article is neutrality in the role of the family mediator. The question it addresses is whether spouses in a conflict situation on the interpersonal level are capable of cooperating on the parental level to reach sensible decisions as to their children's welfare. The article discusses the dilemma of the mediator as to whether, and how, to intervene in the couple's parental decisions regarding their children's welfare; it ends with a case study and conclusions.

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“…In addition, the model offers clients the benefit of interventions designed to enhance their negotiations and construct agreements that promote the principles of shared parental responsibility and authority which underlie the Children Act 1989, and thus maintain the welfare of the child at the forefront of parental negotiations. Mainstream neutral approaches have been particularly lacking in this regard (Bernard et al, 1984;Saposnek, 1983).…”

Section: Kruk*mentioning

confidence: 99%

Promoting co‐operative parenting after separation: a therapeutic/interventionist model of family mediation

Kruk

1993

Journal of Family Therapy

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With adequate therapeutic support, the ideal of co-operative shared parenting could become a reality for the majority of separated, divorced and remarried families. A therapeutichnterventionist approach to family mediation (as contrasted to the more short-term, future-focused, neutralist mainstream model, structured strictly towards the resolution of issues under dispute) may offer the most effective and eacient means to do this. Within this approach, mediation is used to introduce separating parents to shared parenting as a viable alternative, reduce their anxiety about shared parenting as a living arrangement deviating from the norm, enable them to consider a range of shared parenting options, help them work through the development of a shared parenting plan, and support them in the transition to post-divorce parenting. In its emphasis on parental responsibility and shared parental authority in the resolution of post-separation parenting disputes, the model reflects an orientation consistent with the philosophy of the Children Act 1989, and is ideally suited for use by family therapists working with parents during the divorce transition.'Co-operative shared parenting' refers to a post-separation parenting arrangement that attempts to approximate as closely as possible the parent-child relationships in the original two-parent home, in which both parents have not only equal rights with respect to their children's welfare and upbringing, but also active responsibilities within the daily routines of their children's care and development.?

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The neutral mediator: Value dilemmas in divorce mediation

Abstract: Should the mediator remain neutral?

Cited by 32 publications

References 6 publications

The impact of mediator strategic choices: An experimental study

The impact of mediator strategic choices: An experimental study

The limits of the mediator's neutrality

Promoting co‐operative parenting after separation: a therapeutic/interventionist model of family mediation

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