This thesis is about the possibility of addressing power disparities in divorce mediation in order to maximize the benefits that this alternative practice offers. It describes the development of Alternative Dispute Resolution (ADR) in general and of divorce mediation in particular, primarily through a feminist lens. In doing so it discusses the promise that feminist proponents saw in mediation initially, and then proceeds to describe the breaking of the promise that developed into some of the harshest critique of this process. The thesis explores a critical element of this critique, namely the problematic nature of utilizing mediation in the face of existing power imbalances generally, and in the context of divorce specifically. In order to facilitate the address of incongruities of power, it delves into an examination of the concept of power from several angles. To enhance and deepen the analysis of this concept, it describes Foucault's definitions and understanding of the term, and applies these towards advancing the discussion regarding the possibility of addressing existing inequality in power between parties to a dispute. Finally, it offers some tools that can be used in addressing power disparities in order to ameliorate the mediation process and its results. To this end it describes the ethical guidelines that can be utilized, comprised of internal tools to address power imbalances through mediation styles, as well as external ethical guidelines inherent to the process. Additionally, it suggests legal boundaries that may be utilized to offset possible power discrepancies. It ends with a hopeful message of the possibility of transformation in the face of conflict, thereby entertaining the prospects of a promising future for this alternative to resolving disputes.

This study investigated whether attendance at the Children Cope With Divorce program for divorcing parents was associated with differences in the litigation behavior of the parents consistent with a lowered level of conflict between the parties. 130 cases from Morgan County, Indiana, in which the parents attended the program were randomly selected and compared with 130 cases from the same county in which the parents did not attend the program. As a control, 130 cases from before, and 130 cases from after the date on which program attendance became a requirement in Morgan County, were randomly selected from Tipton County, Indiana, where divorcing parents do not attend a program.Measures of mean time in litigation (MTL) and of the numbers of 4 types of court petition were obtained for each of the 4 groups from court records. Four hypotheses predicting an association between program attendance and shorter MTLs and lower mean numbers of court petitions filed were tested. Hypotheses One and Two were tested by one-way multivariate analysis of variance (MANOVA). Hypothesis Three was tested by one-way analysis of variance (ANOVA). Hypothesis Four was tested by 2 X 2 multivariate analysis of variance (MANOVA). All test results were nonsignificant. None of the hypotheses was supported.Possible reasons for the nonsignificant results are presented, as are limitations of the design and methodology. Other possible dependent variables which might be measured are described. The importance of collecting demographic data is mentioned. Limitations of the program studied in this project are discussed at length. In the absence of clear evidence of the effectiveness of any type of such program for divorcing parents, the courts must weigh the possible value of such a program against its cost. However, given our present state of knowledge about such programs, sponsors should select a program which presents a broad range of information. / Department of Counseling Psychology and Guidance Services

Thesis (Ed. D.)--Illinois State University, 1990. / Title from title page screen, viewed November 3, 2005. Dissertation Committee: Dent M. Rhodes (chair), Twyman Jones, James A. Knecht, Normand Madore. Includes bibliographical references (leaves 206-215) and abstract. Also available in print.

D.Litt. et Phil. (Social Work) / The Commission of Enquiry in the Structure and Function of the Courts (1983) and subsequent legislation Family Court Act (Act No. 62 of 1985), Divorce Amendment Act (Act 63 of"1985) and the Mediation Divorce Proceedings Act (Act 63 of 1986) recommended and paved the way for a family court with attendant social services to be integrated with aspects of marriage dissolution in South Africa. These proposals and legislation proved both to be innovative and contentious and have occasioned much debate, and stimulated and motivated by the above, t;,e candidate in this dissertation undertakes I an examination of the parameters of the social services envisaged as regards divorce services, with particular reference to the construct of mediation, its significance, technology and feasibility. The research is formulated and structured around the research goals and objectives of acquiring information of an academic as well as a practice nature, with a view to increasing the knowledge base of such service ideology, in order to more effectively evaluate the need for the rendering of such service. The research questions formulated to-provide' both the information and the resultant answers are those that relate to the concept of mediation and the practice thereof; the range and type of social services in a divorce court service; the working of family law systems in other parts of the world and their comparison to proposals for South Africa; the integration of the social services within a court system and the professional equipment of the staff. needed to perform such services. In order to acquire the information to address the issues, the methodology embarked on by the candidate involved the undertaking of a literature study of the field of mediation and family/law courts; correspondence with social services and judico/legal bodies in the United States of America, England, Canada, Australia, New...

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Data from 135 parents were used to explore and compare perceptions of process and outcome for court-ordered and voluntary participants in child custody/visitation mediation. Information from the Clients Assessment of Mediation Services (CAMS) is used to analyze six process and four outcome variables for male/female and agreement/no agreement groups. Data were reported on mediated agreements and reasons for termination of mediation prior to reaching agreement. The results of this study indicated voluntary mediation participants, more than court-ordered participants, were 1) emotionally satisfied with the agreement, 2) believed mediators were warm, sensitive, and Sympathetic, and 3) mediation improved their relationship with their (ex) spouse. Voluntary and court-ordered participants were similar on process variables of empowerment, adequacy of information, and mediator impartiality, and outcome variables of satisfaction with custody and adequacy of information about child issues. There were significant differences between court-ordered agreement/no agreement groups on the process variables of sensitive/effective mediator, empowerment, adequacy of information and focus on issues, and outcome variables of satisfaction with agreement, emotional satisfaction, satisfaction with custody and adequacy of information on child issues. / Ph. D.

Recent legislation passed by the South African Parliament has sharpened attention on the importance of mediation in the process of divorce. Without the understanding and cooperation of the legal profession, and of attorneys in particular, there appears to be small chance that this will be adequately recognised and brought to fruition. The research reported in this dissertation reflects the results of an investigation of Cape Town attorneys working in the field of divorce. Their attitudes to and knowledge of the concept of divorce mediation are reported, and the prospects of collaboration between a social work agency and the legal profession in divorce mediation have been analysed. It is clear that some collaboration is achievable between the social work and legal professions in this area. A methodology has been developed and validated that is generally applicable, and which could also be used for investigation of other professional groups. / Social Work / M.A. (Social Work)

Typescript. Includes vita and abstract. Includes bibliographical references (leaves 91-97). Also available online.

Thesis (D.Phil. (Maatskaplike Werk))-University of Pretoria, 2008. / Includes bibliographical references.