A critical reappraisal of divorce mediation research and policy

Citation
Cja. Beck et Bd. Sales, A critical reappraisal of divorce mediation research and policy, PSYCH PUB L, 6(4), 2000, pp. 989-1056
Citations number
212
Language
INGLESE
art.tipo
Review
Categorie Soggetti
Psycology
Journal title
PSYCHOLOGY PUBLIC POLICY AND LAW
ISSN journal
1076-8971 → ACNP
Volume
6
Issue
4
Year of publication
2000
Pages
989 - 1056
Database
ISI
SICI code
1076-8971(200012)6:4<989:ACRODM>2.0.ZU;2-1
Abstract
Because of the many problems associated with litigating divorce disputes, m ediation has been proposed as an alternative. Its proponents, claiming wide -ranging benefits for both the litigants and the legal system, have had tre mendous success in advancing mediation in social policy. This article criti cally assesses the validity of these claimed benefits. The article first co nsiders the role of pro se representation and its potential consequences fo r evaluating divorce mediation because of the increased use of pro se repre sentation in these cases. The article then articulates the goals attributed to the mediation procedure and its clients, identifies the behavioral assu mptions underlying those goals, and critically reviews the social science r esearch 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 prac tice and policy are considered.