- Mediation is more likely to produce modest win-win feelings in both [spouses] rather than the widely divergent win-lose feelings characteristic of adversarial processes. [i]
- The combined couple costs for the adversarial group were 134 percent higher than for the mediation group , despite comparable hourly fees for both groups. [ix]
- Mediation settlements were reached in half of the time required by the litigation group, and significantly reduced the number of hearings needed in the court. [iii]
- J oint legal custody was more often an outcome in the mediation sample compared to the litigation group . . [iii]
- Mediated agreements were more detailed as to days and times of transitions, other child-related details, and child support, whereas litigated agreements contained more vague language (for example, “reasonable visitation to the father”). [iv]
- Fathers who mediated complied more often with child support orders than did fathers who litigated . [v]
- Mediation respondents with minor children reported less conflict during the divorce process, at final divorce, and in the first year after final divorce on a number of measures compared to parents in the adversarial group . [vi]
- Far more lawyer (than mediation) clients indicated they had participated in a process they believed was the worst way for them to settle issues of separation and divorce (28% vs 1%), and mediation clients were more satisfied than those participating in adversarial processes. [vii]
- ... parents using a more extended mediation ... are more cooperative and supportive of each other as parents and communicate more regarding their children [And] One astonishing result has been that twelve years following divorce, fathers in mediation remained more involved with their children compared to the litigation fathers . [viii]
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[i] Emery, R. E. Renegotiating Family Relationships: Divorce, Child Custody, and Mediation . New York: Guilford Press, 1994
. [ii] Emery, R. E., and others. “Child Custody Mediation and Litigation: Custody, Contact, and Co-parenting Twelve Years After Initial Dispute Resolution.” Journal of Consulting and Clinical Psychology, 2001, 69, 323–332. [iii] Emery, R. E., Matthews, S. G., and Kitzmann, K. M. “Child Custody Mediation and Litigation: Parents’ Satisfaction and Functioning One Year After Settlement.” Journal of Consulting and Clinical Psychology, 1994, 62 (1), 124–129
. [iv] Ellis, D., and Stuckless, N. Mediating and Negotiating Marital Conflicts. Thousand Oaks, Calif.: Sage, 1996
. [v] [v]Emery, R. E., Matthews, S. G., and Kitzmann, K. M. “Child Custody Mediation and Litigation: Parents’ Satisfaction and Functioning One Year After Settlement.” Journal of Consulting and Clinical Psychology, 1994, 62 (1), 124–129
. [vi] Kelly, J. B. “Parent Interaction After Divorce: Comparison of Mediated and Adversarial Divorce Processes.” Behavioral Sciences and the Law, 1991a, 9 (4), 387–398
. [vii] Kelly, J. “Mediated and Adversarial Divorce: Respondents’ Perceptions of Their Processes and Outcomes.” Mediation Quarterly, 1989, 24, 71–88
. [viii] Kelly, J.B. “Family Mediation Research: Is There Empirical Support for the Field?” Conflict Resolution Quarterly, 2004, 21-22, 20
. ix] Kelly, J. B. “Is Mediation Less Expensive? Comparison of Mediated and Adversarial Divorce Costs.” Mediation Quarterly, 1991b, 8 (1), 15–26.