Adjudication and Mediation:

Abstract

Child custody adjudication and mediation are compared as processes of dispute settlement and conflict resolution involving divorcing parents and third parties. The distinction in decision-making power is the critical factor in determining disputant interaction, processual dynamics, and the basis on which decisions are made. An anthropological approach is used to examine both processes based on empirical research on contested child custody cases and experience in the field of divorce mediation. Adjudication of the custody issue fosters conflictual and competitive interactions between parents, whereas mediation fosters cooperative and interdependent interactions. The implications of this to the emotional process of divorce and directions for future research are discussed.

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