NCJ Number
104801
Journal
Columbia Journal of Law and Social Problems Volume: 19 Issue: 4 Dated: (1985) Pages: 451-484
Date Published
1985
Length
34 pages
Annotation
This summary of the findings of evaluations of four divorce mediation programs focuses on such issues as the use of services; the process; client, case, and mediator characteristics; types of agreements; user satisfaction; compliance; and cost and time savings.
Abstract
One study, the Denver Custody Mediation Project, conducted between 1979 and 1981, randomly assigned comparable cases involving contested child custody either to mediation or adversarial proceedings. The second study, conducted between 1981 and 1983, involved user surveys, observations, interviews, and an analysis of mediation tapes generated at public mediation programs in California, Connecticut, and Minnesota. The compulsory programs handled a much larger volume of cases than voluntary programs. Those attracted to mediation tended to be better educated than those selecting the traditional adversarial approach. Couples whose attorneys did not advocate mediation were reluctant to try it. Mediation clients were more satisfied with their proceedings than those who used adversarial proceedings. Mediation agreements received better compliance over time than did court ordered agreements, and mediation was perceived by users as less damaging to subsequent relationships with ex-spouses than adjudication. Mediation users were more likely to select joint custody arrangements than court users. Women were more ambivalent about the mediation process than were men. Remaining research questions are identified. 153 footnotes.