A critical reappraisal of divorce mediation research and policy.

Connie J. A. Beck · Bruce Dennis Sales

51 citations0/0 files storedPsychology Public Policy and Law

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Dispute Resolution and Class Actions Family and Matrimonial Law Conflict Management and Negotiation

Abstract

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)

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References

1986The Bases of Social Power 1987Getting to Yes: Negotiating Agreement Without Giving in 1983Getting to YES. Negotiating Agreement Without Giving In 1995Attitudes and the Prediction of Behavior: A Meta-Analysis of the Empirical Literature 1979Bargaining in the Shadow of the Law: The Case of Divorce 2014What Predicts Divorce?1966Behavioral sciences and the law.1959Studies in social power

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2015Does Level of Intimate Partner Violence and Abuse Predict the Content of Family Mediation Agreements?2015Screening for Partner Violence Among Family Mediation Clients: Differentiating Types of Abuse 2012COMPARING THE MEDIATION AGREEMENTS OF FAMILIES WITH AND WITHOUT A HISTORY OF INTIMATE PARTNER VIOLENCE*2008A legal field in action: the case of divorce arrangements in Israel

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