NCJ Number
100416
Journal
Mediation Quarterly Issue: 3 Dated: (March 1984) Pages: 99-107
Date Published
1984
Length
9 pages
Annotation
Questions most commonly asked about divorce mediation pertain to its character, origins, participants' legal rights, its effect on legal and mental health practice, and mediator training.
Abstract
Mediation is distinct from the adversarial process of divorce settlement in encouraging cooperation rather than conflict. It is a mutual problemsolving process that targets all issues raised by the divorce. Divorce mediation began in the mid-1970's, and its services have continued to expand. Couples engaging in divorce mediation rely less on legal principles and case law than upon their own sense of fairness in drawing up an agreement. A major strength of mediation is its capacity to prevent one spouse from victimizing the other. The business of divorce lawyers has not been significantly affected by divorce mediation. Divorce mediation is a logical extension of mental health counseling, since the communication skills developed transfer to the mediation process. Law schools and professional organizations offer mediation training. 1 reference.