Procedural justice and parents' satisfaction in a field study of child custody dispute resolution.

Katherine M. Kitzmann · Robert E. Emery

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

Abstract

The relative importance of procedural and distributive factors for satisfaction was tested in a field study of 71 couples who were randomly assigned to mediate or litigate their child custody dispute. Multiple regression analyses showed that procedural factors (decision control and respect) and distributive factors (feeling of winning what one wanted) were equally influential for parents' satisfaction as a group. However, the relative importance of procedural fairness and outcome favorability differed depending on disputant gender, favorability of outcomes, and level of conflict in the relationship. Support was found for Tyler's (1989) assertion that the specific procedural factor of decision control is especially important in dispute resolution settings. However, contrary to expectation, decision control was relatively more important to satisfaction in mediation than in litigation. It is suggested that the type of allocation setting may not be as influential for satisfaction as participants' status in the proceedings and their perceptions of the level of conflict.

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1988The Social Psychology of Procedural Justice 1975Procedural Justice: A Psychological Analysis 1976Procedural Justice: A Psychological Analysis 1989The psychology of procedural justice: A test of the group-value model.1991Perceived fairness of employee drug testing as a predictor of employee attitudes and job performance.1987Reactions to procedural injustice in payment distributions: Do the means justify the ends?1990Marriage, Divorce, and Children's Adjustment.1992Distributive and Procedural Justice as Antecedents of Job Dissatisfaction and Intent to Turnover

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1999An Integrative Perspective on Social Justice: Distributive and Procedural Fairness Evaluations of Positive and Negative Outcome Allocations 1997Citizen Discontent with Legal Procedures: A Social Science Perspective on Civil Procedure Reform 2009Policing, Procedural Fairness and Public Behaviour: A Review and Critique 2000A critical reappraisal of divorce mediation research and policy.2013Partnership by Law? The Pre-Proceedings Process for Families on the Edge of Care Proceedings

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