NCJ Number
114535
Journal
State Court Journal Volume: 12 Issue: 4 Dated: (Fall 1988) Pages: 17-25
Date Published
1988
Length
9 pages
Annotation
This study examined the advantages of divorce mediation to the courts and to the disputants, using data from a 1987 survey conducted by the National Center for State Courts (NCSC Survey) and from a survey of 201 alternative dispute resolution programs listed in the 1986-1987 American Bar Association directory.
Abstract
The directory survey indicates that 86 percent of programs have strong ties to the court (court-sponsored or court-annexed). Discretionary and voluntary programs were more widespread than mandatory programs. Mediation tended to specialize in custody and visitation issues, while courts remained more involved in such issues as child support. There appears to be a loose division of labor between litigation and mediation, with disputants and policymakers finding complementary reasons for using each forum. The NSCS data indicate that 36 States and the District of Columbia have at least one divorce mediation program, although most States have a very limited number of individual programs. Caseloads of such programs also are generally low. Three factors shape program characteristics: the range of issues mediated, the extent to which participation is voluntary, and the mediators' qualifications and roles. Most programs were voluntary and the majority of mediators were social workers or court personnel rather than attorneys. NSCS data indicate that while most programs have stated goals and gather performance data, program evaluation is still in the developmental stage. 6 figures and 21 notes.