Abstract

California requires mediation of almost all child custody disputes. The effects of the variables of client and attorney gender, obtaining settlements, and prior mediation and litigation history were examined in a sample of 150 parents who completed surveys after mediating at the Los Angeles County Conciliation Court mediation service. Clients of female attorneys were more likely to respond negatively after failing to settle and were adversely affected by prior family law litigation. Female attorneys were more likely to treat fathers and mothers differently. Clients of male attorneys became negative after prior mediation but not litigation. Clients represented by attorneys of either sex found mediation procedures more helpful than did unrepresented parents. Having an opposite‐sex attorney was correlated with communicating with the other parent. Both sexes expressed strong support for the mediation process regardless of whether they settled, although disputants who did settle reported a higher rate of satisfaction than did those who did not. Attorney support for the mediation was important to its success, and having opposite‐sex attorneys may promote settlement.

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