Divorce Mediation Research Articles

THE EPISTEMOLOGY OF CHILD CUSTODY EVALUATIONS

Family Court ReviewVolume 40, Issue 2 p. 185-189 THE EPISTEMOLOGY OF CHILD CUSTODY EVALUATIONS The Value of Austin's Convergent Multimodal Approach Karl Kirkland, Karl Kirkland Karl Kirkland, Ph.D is a forensic psychologist in private practice in central Alabama where his practice includes child custody evaluation, divorce mediation, and post-divorce forensic services. He is also an Associate Professor of Medicine, University of Alabama School of Medicine, Montgomery Internal Medicine Residency Program, 4371 Narrow Lane Road, Suite 200, Montgomery, AL 36116, 334-284-5211. He may be contacted via e-mail at KKirk34@aol.com.Search for more papers by this author Karl Kirkland, Karl Kirkland Karl Kirkland, Ph.D is a forensic psychologist in private practice in central Alabama where his practice includes child custody evaluation, divorce mediation, and post-divorce forensic services. He is also an Associate Professor of Medicine, University of Alabama School of Medicine, Montgomery Internal Medicine Residency Program, 4371 Narrow Lane Road, Suite 200, Montgomery, AL 36116, 334-284-5211. He may be contacted via e-mail at KKirk34@aol.com.Search for more papers by this author First published: April 2002 https://doi.org/10.1111/j.174-1617.2002.tb00829.xCitations: 9AboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinked InRedditWechat Citing Literature Volume40, Issue2April 2002Pages 185-189 RelatedInformation

Gender differences in content and style of argument between couples during divorce mediation

Gender differences in content and style of argument between couples during divorce mediation

Considering effective divorce mediation: Three potential factors

Considering effective divorce mediation: Three potential factors

Court-Related Predictors of Parental Cooperation and Conflict After Divorce

A sample of 237 divorced parents were surveyed to test a model predicting parental cooperation and conflict. The predictor variables included participation in a divorce education program, participation in divorce mediation, child custody arrangement (sole versus joint legal), and means of terminating the marital relationship (dissolution versus divorce). Socioeconomic status and gender were statistically controlled in this study. Ordinary least square regression revealed that participation in a divorce education program was negatively related to conflict with one's former spouse, whereas mediation was positively related to parental conflict after divorce. Joint custody was positively related to parental cooperation and conflict was negatively related to parental cooperation after divorce.

Beyond the dominant narrative: Intimacy and conflict in lesbian relationships

AbstractThere has been limited attention in the mediation literature to intimacy and conflict in lesbian relationships. A review of the literature revealed three trends: (1) little reference to historical and contemporary research and theory about lesbians and lesbian relationships; (2) a tendency to package comments and conclusions about lesbians and gay men as if these groups are the same; and (3) a bias toward heterosexual models of commitment, marriage, and conflict resolution within relationships. In this article, we review current research about the development and dissolution of lesbian relationships, with particular attention to gender, relational competencies, and sociopolitical influences that may have implications for how lesbian couples cope with conflict. When relevant, comparisons are made to research on heterosexual relationships. Recommendations for divorce mediators and family mediators are offered.

Los dos mundos de un mediador de divorcio

Divorce mediators live in two very diferent worlds (of divorce). For heuristic purposes, I will contrast them as the world of their conferences and quarterlies, on the one hand, and the world of their private practices, on the other. Each of these is grounded in very different pictures (wiews) of the world itself. Divorce mediators erroneously privilege one of those worlds over the other, as a result of which they improperly make judgements about one that are derived from the other. Moreover, they do this despite the fact that these two worlds are incommesurate and have nothing to do with one another.

Safety, Equity, and Human Agency

The primary objective of this article is to present the merits of the case for the contribution made by divorce mediation to the safety, equity, and human agency concerns of separating women. Research findings indicate that divorce mediation makes a greater contribution toward achieving these outcomes than either lawyer negotiations or court adjudication. The article ends with a segment on what men can do to promote women's safety.

Child‐inclusive divorce mediation: Report on a qualitative research study

AbstractResearch into the unique needs and interests of children in the light of parental separation has provided the impetus for many family law mediation practices to include children's voices in divorce mediation. This chapter describes a model of child‐inclusive practice in family law mediation (McIntosh, 1998) and its pilot implementation in two diverse Australian contexts. Encouraging findings from the first group of families to work through the model are presented, indicating both anticipated and unanticipated gains for both children and parents.

Divorce Mediation: Research and Implications for Family and Couples Counseling

This article reviews the past 10 years of divorce mediation research. Relevant topics of mediation research such as efficiency, client satisfaction, impact on psychological adjustment, levels of conflict and cooperation and a comparison with the adversarial process are presented. Most studies find favorable results for the mediation process. Implications of the mediation process will be discussed for those who are counseling families and couples.

The party of the last part: Ethical and process implications for children in divorce mediation

AbstractNo party is more greatly, directly, and ultimately affected by the issues on the table in a divorce mediation than the children of the divorcing parties. Paradoxically, the very structure of the mediation process acts in concert with the developmental vulnerability of those children to deny them a seat at the table. This article explores some ethical implications for both process and mediator in light of this paradox, by considering mediation structure, issues, and roles. I review some of the literature on mediation ethics and consider whether existing standards adequately ensure that the needs of children are addressed. I suggest important values and process options that might reflect a family‐centered approach to mediation, and I consider some of the challenges this approach may face. The appendixes of this article briefly examine the impact divorce may have on the emotional and cognitive development of children; they include a recently drafted set of mediator guidelines that offer a promising start.

What it means to be sorry: The power of apology in mediation

AbstractThe importance of apology as acknowledgment of injury is familiar in some forms of mediation, including victim‐offender mediation, but it has been much less understood in divorce mediation. The act of apology represents one of the core reparative opportunities in damaged relations. But it's not easy. This article describes the opportunity that apology presents, the difficulty we have in seizing that opportunity, and the role that third parties can play in inviting apology. It identifies (1) what is involved in a genuine apology, including three essential components; (2) the place of apology in mediation, including recognizing it as an acknowledgment of injury and identifying how to assist clients in offering an apology; and (3) the relation of apology to the adversarial system.

A FOCUS ON EMOTION IN MEDIATION TRAINING

Trainee mediators must learn to understand their own emotions and the emotional reactions of mediation participants to intervene effectively in conflict. Training techniques developed for family and divorce mediation may also apply to training for other types of conflict. Visualization and observation exercises developed a “meta‐perspective” on the dynamics of conflict, which can help traines manage their own emotional reactions and think strategically at the same time. Responding to videotaped or role‐played emotional reactions from participants can desensitize trainees to conflict. Directing trainees toward information available on the process of divorce or other prolonged conflict can help them respond with more empathy to participants. Attention paid to these emotional issues in mediation training may prevent mediator stress and burnout.

A critical reappraisal of divorce mediation research and policy.

Because of the many problems associated with litigating divorce disputes, mediation has been proposed as an alternative. Its proponents, claiming wide-ranging benefits for both the litigants and the legal system, have had tremendous success in advancing mediation in social policy. This article critically assesses the validity of these claimed benefits. The article first considers the role of pro se representation and its potential consequences for evaluating divorce mediation because of the increased use of pro se representation in these cases. The article then articulates the goals attributed to the mediation procedure and its clients, identifies the behavioral assumptions underlying those goals, and critically reviews the social science research and theory that have directly tested the validity of the goals and assumptions or are indirectly relevant to the analysis (B. D. Sales, 1983). It is concluded that the goals of divorce mediation may have been and may be overly optimistic. The implications of these findings for mediation practice and policy are considered. (PsycINFO Database Record (c) 2012 APA, all rights reserved)

A critical reappraisal of divorce mediation research and policy.

A critical reappraisal of divorce mediation research and policy.

Suitability of divorcing couples for mediation: A suggested typology

This paper provides a preliminary typology of divorcing couples in order to help predict which couples will benefit from divorce mediation. The typology focuses on the couple dynamics during the divorce process. It suggests seven different types of divorcing couples, based on differences in five dimensions: their commitment to divorce, prior litigation, relationship at the time, ability to communicate, and commitment to their children's well-being. A picture of each type of couple is drawn and the couple's ability to benefit from mediation discussed. The typology is aimed mainly at judges, lawyers, and persons in the helping professions who may refer divorcing couples to mediation.

Predictors of Divorcing Women's Use of Divorce Mediation

This study examined the relations between perceived usefulness of mediation, problem susceptibility, mental health conditions, availability of social support, and the likelihood of using divorce mediation service. The sample comprised 124 divorcing women in Hong Kong who sought legal aid to settle matrimonial issues. A large proportion of participants indicated their willingness to use mediation. Logistic regression showed that likely users have higher appreciation of the helpfulness of the service, have poorer mental health, and to some extent, receive lower levels of social support from informal sources. Susceptibility to housing, finance, and child-care problems is not a significant predictor. The results strongly suggest the importance of promoting mediation services to the people in need.

The marginalization of domestic violence in divorce mediation

This article examines how allegations of domestic violence are managed in family mediation sessions. Although domestic violence is sometimes mentioned by the disputants the mediators treat it as a side issue. However, the marginalization of violence does not begin with the mediators' interventions. Rather it begins with the 'victims'' allegations which are produced in ways which could be heard either to minimize the severity and impact of the violence or to raise the possibility that they are not 'serious' accusations. However, the accusations are also open to alternative interpretations. Thus, for example the disputants may be using indirect and tentative constructions in order to constitute violence as an interactionally delicate topic and/or to test whether full disclosure of what has happened to them is possible. This raises important questions with respect to the domestic violence policies and procedure developed by the family mediation agencies. Language: en

Moral education in victim offender conferencing

Introduction If every crime represents a failure in moral learning-- on the part of the offender, his/her community, and possibly the surrounding society -- then every crime also presents an opportunity for moral learning. Just as the child accepting a treat is caught before running away and admonished to say thank you, the offender is caught in the act of turning away from moral and legal norms and punished. This analogy between moral learning and punishment breaks down, of course, if punishment is narrowly understood as excising an evil from the social body. The analogy holds, however, over a broad range of aims in criminal justice: correcting the offender, restoring social order and security, repairing harm to the victim, reaffirming moral values or rectifying a moral imbalance, and reminding all observers of the public will. All these aims are moral for morality includes both person and society, intention and act, correcting and healing, and values and goods. To the extent that moral aims are achieved -- incorporated into individual and/or communal life--some kind of moral learning is also accomplished. This paper argues that victim offender conferencing offers an opportunity to reevaluate and expand the educational potential of criminal justice. The reevaluation depends on the expansion: if the public response to crime can be more effective educationally, then the educational aims of criminal justice can be more reasonably and directly pursued. If victim offender conferencing offers more effective educational practice than does punishment alone, then the aims listed above can be reaffirmed more clearly as educational aims. That is, moral learning--in its various forms--can have more priority as an outcome of the criminal justice system. Victim Offender Conferencing and Restorative Justice Victim offender conferencing is part of the larger movement of restorative justice, which draws its inspiration from a wide variety of responses to conflict, all of which aim above all to restore what the conflict has damaged or threatened, to the extent possible. Thus, divorce mediation cannot restore the marriage, but it can restore the ability of parents to cooperate for the good of their children. Labor dispute mediation cannot restore all lost corporate profits or employees' health, but it can restore enough trust to resume operations and correct unjust conditions. Likewise, victim offender conferencing cannot completely erase the trauma of crime, but it can restore a sense of physical and emotional security, replace the value of material goods, and provide a pathway for reintegrating offenders. As Aristotle says, justice is a complex term meaning several things: complete virtue, legal order, transactional equity, political equality, proportional distribution of goods, rectification of harms, and equity as a modification where the letter of law would be too rigid.(1) Responding to crime with the aim of restorative justice incorporates elements of all of these. Crime is addressed as a violation of the legal order, but also as a violation of persons. Political equality and rights are reaffirmed, but in a context of personal conversation and even confrontation. The proportion between crime and consequences is maintained, but according to the perceptions of those most directly involved more than by the impersonal hand of the state. Harms are rectified in proportion to the damage done but especially in light of what is important to those harmed. Contracts are negotiated by consensus. Above all--and most pertinent to this paper--crime is addressed in a manner consistent with what Aristotle calls complete justice: an overall sense of what is right and good for individuals as well as the commonwealth, the combination of all the virtues of public life in the good person. It is this element of justice that especially marks the various forms of victim offender conferencing. Victim offender conferencing is a process of dialogue, negotiation, and problem solving involving those most directly affected by the crime. …

Just Words: Law, Language and Power

In Just Words, John M. Conley and William M. O'Barr tackle the question of how an abstract entity exerts concrete power, focusing on what has become the central issue in law and language research: what language reveals about the nature of legal power. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. In this new edition, Conley and O'Barr add two new chapters. The first looks at the ways in which ideology is embodied in language, and the second examines the impact of linguists as expert witnesses. The authors have also added a new preface in which, from the vantage point of thirty years in the field, they lay out their vision of the next generation of law and language research. Combining careful analysis of common legal events with a broad range of scholarship on language and law, Just Words is an indispensable book for both students and scholars seeking to understand the reality of the power of language in everyday legal practice.

Divorce mediation: the impact of mediation on the psychological well-being of children and parents

This study evaluated levels of psychological distress experienced by children (aged 4–16) and parents at the beginning of and one month after mediation for child-related disputes. In contrast to previous research, this study employed both child- and parent-reports of child outcome. Mediation was associated with reductions in child-reported, though not parent-reported, child psychological distress and with reductions in parent-reports of their own psychological distress. The negotiation of successful agreements in mediation was not related to improved psychological well-being of family members. The difficulties encountered (i.e. small numbers, low response rate) render the results tentative. Implications of the findings for future research are discussed. Copyright © 1999 John Wiley & Sons, Ltd.