Lawyers, mediation, and the management of divorce practice (original) (raw)

Lawyer Colonization of Family Mediation: Consequences and Implications

2012

When reconciliation did not work, the process shifted to divorce counseling and mediation for any applicable custody issues. 8 In the 1960s, divorce 3. Transcripts and notes of the interviews are on file with the authors. All interviewees were sent a draft of the article and asked to either verify or change quotes that were attributed to them. All of those interviewed complied with this request. The authors would like to thank those who contributed their thoughts to this enterprise for their time and their patience. See Appendix.

Styles and Goals: Clarifying the Professional Identity of Divorce Mediation

Conflict Resolution Quarterly, 2013

In contrast to mediation outcome studies, there is a lack of research on mediation processes. In response, this article explores mediators' styles and goals and their determinants, such as the mediators' professional background and client characteristics. Survey data of 359 divorce professionals were analyzed with the use of multiple regression analyses. Results showed that styles and goals are predominantly determined by professional-related characteristics. Lawyer mediators and mental health mediators diverged in advisory and interest-based styles but were unifi ed in all goals we studied. Th e goals, self-determination, advocacy, and processing emotions diff erentiated mediation from law and mental health practice. Implications are discussed.

Bring in the lawyers: Challenging the dominant approaches to ensuring fairness in divorce mediation

Minn. L. Rev., 1994

of the NCSC. All of the summaries of the data are based on our computations, not those of the NCSC. 19. See supra note 2 (citing sources). 20. Patricia Vroom et al., Winning Through Mediation: Divorce Without Losers, in ALTERNATIVE MEANS OF FAMILY DISPUTE RESOLUTION 3, 4 (1982) ("Mediation builds relationships, unlike the adversarial approach, which destroys them."). 21. JOHN M. HAYNEs, DIVORCE MEDIATION 3 (1981).

The Mediation Experience of Family Law Attorneys

Nova Law Review, 1995

Family mediation can be used most effectively as a method of dispute resolution if family law attorneys actively support its use. This article reports the results of a study of the experiences and uses of mediation

Attorney attitudes toward divorce mediation

Mediation Quarterly, 1984

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A DECADE OF DIVORCE MEDIATION RESEARCH: Some Answers and Questions

Family Court Review, 2005

A decade of divorce mediation research has focused on outcomes such as settlement rates, cost eflciency, client satisfaction, effect on levels of conflict and cooperation, psychological adjustment, and compliance. Despite methodological problems limiting generalizations, most siudies report mildly favorable to very positive findings. Research on the mediation process and mediator behaviors has received very limited aitention, and should be the focus of the next decade of research to elevate the mediation field to a more sophisticated, effective level of practice.