Abstract

In this article, I analyse why and how the Norwegian child custody system fails to provide early resolution to many families. Resolution of these conflicts should be timely and adapted to the level and sources of conflict. Child custody mediation is mandatory in Norway for all separating couples with children, yet the number of child custody disputes in courts is similar to the other Nordic countries with voluntary mediation schemes only. Particularly, high conflict families seem to receive inadequate services and support to manage their conflict, although the aim of the system is to prevent conflicts from being prolonged and escalating. In addition to an analysis of the failure of the system, I explore the different tiers of mediation services (the Family Counselling Office mediation and court-connected mediation) and their relationships—or lack thereof. This interrelationship influences the mediation system and its outcomes. To understand the context, I offer a brief account of the development of child custody mediation and give a societal background for the Norwegian child custody mediation system.

Highlights

  • Inappropriate dispute resolution may result in prolonging the dispute and providing a solution that is not in the best interests of the child

  • Dispute systems design recognises conflict resolution is about finding appropriate dispute resolution mechanisms: not every mechanism fits every dispute

  • Because the situations of each family is different, families should be offered a range of dispute resolution and other services

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Summary

A Dispute Systems Design Perspective on Norwegian Child Custody Mediation

I offer a brief account of the development of child custody mediation and give a societal background for the Norwegian child custody mediation system

Dispute Systems Design and Family Mediation
Child Custody Mediation as Facilitative Mediation
Adapting Mediation to the Needs of Diverse Families
Mediation Is Diluted to Settlement
Norwegian Welfare State as the Backdrop
Current Structure of Child Custody Mediation in Norway
Critical Perspectives on Norwegian Child Custody Mediation
Unclear Target Group
Overly Broad Definition of Mediation
Relationship Between the Three Tiers of Mediation
Particular Problems Related to Court-Connected Custody Mediation
Improving Child Custody Mediation
Recognising the Needs of High Conflict Families
Preventing Conflicts and Conflict Escalation
Findings
Transparent, Coherent and Unbundled Services
Full Text

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