What Works in Custody Mediation? Effectiveness of Various Mediator Behaviors

Abstract

This study uses behavioral observation and pre‐and post‐mediation questionnaires to measure the impact of mediator behaviors on participant attitudes and case outcomes in 130 court‐connected custody mediations involving 270 participants and 30 mediators. As a quasi‐experimental design, regression analysis controlled for a broad range of participant attitudinal and case characteristics. Mediator reflecting and eliciting strategies were associated with positive outcomes, while directing strategies had significant negative effects. Proportionally greater time spent in caucus was associated with increased participant trust in the mediator but more negative attitudes among participants. The article considers implications for mediators and court mediation programs.

What works in alternative dispute resolution? The impact of third‐party neutral strategies in small claims cases

“…A behavioral observation study of courtconnected custody mediations found that mediators' greater use of reflecting strategies (to identify emotions, values, and issues expressed by the parties) decreased settlement but increased parties' reports of improved understanding of and relationship with the opposing side (Charkoudian, Walter, & Eisenberg, 2018). Most of these studies have been in family mediation rather than small claims settings.…”

“…In the long term (6 months later), reflecting strategies were associated positively with an increase in parties' willingness to consider the other parent's perspective, prioritization of their children's needs, and desire to have a positive relationship with the other parent (Charkoudian et al, 2018). Mediators' eliciting ideas or solutions from the parties had a positive effect on settlement in a behavioral observation study of custody mediations (Charkoudian et al, 2018). Joint problem solving between disputants during mediation has been associated with improved long-term relationships approximately 4 to 8 months later, even after controlling for the level of hostility between the parties (Pruitt, Peirce, McGillicuddy, Welton, & Castrianno, 1993).…”

“…In custody mediations, parties who spent a greater percentage of time in caucus were more likely to report that the mediator respected them and did not take sides, but also reported feeling more hopeless about the situation, range of options for resolution, and their ability to work with the other parent (Charkoudian et al, 2018). In custody mediations, parties who spent a greater percentage of time in caucus were more likely to report that the mediator respected them and did not take sides, but also reported feeling more hopeless about the situation, range of options for resolution, and their ability to work with the other parent (Charkoudian et al, 2018).…”

“…5 For definitions of the behavioral codes, see Appendix B of Charkoudian et al (2018). 3 "Mediator" or "settlement conference attorney" was substituted as appropriate on all questionnaires.…”

“…A behavioral observation study of courtconnected custody mediations found that mediators' greater use of reflecting strategies (to identify emotions, values, and issues expressed by the parties) decreased settlement but increased parties' reports of improved understanding of and relationship with the opposing side (Charkoudian, Walter, & Eisenberg, 2018). In the long term (6 months later), reflecting strategies were associated positively with an increase in parties' willingness to consider the other parent's perspective, prioritization of their children's needs, and desire to have a positive relationship with the other parent (Charkoudian et al, 2018). Donahue, Drake, and Roberto (1994) found parties less likely to reach agreement if when mediators ignore relational concerns.…”