Document Type

Article

Publication Date

7-2022

Publisher

Wiley

Source Publication

Family Court Review

Source ISSN

1531-2445

Original Item ID

DOI: 10.1111/fcre.12663

Abstract

Mediation was brought into family court cases as a divorce litigation alternative. Today, parents are not only encouraged but mandated across most U.S. states to consider mediation before further court action can be taken. Research has not kept up with understanding how publicly mandated and subsidized mediation services become part of court cases and possible case resolution. This article reviews how mediation has evolved from outside alternative to family court “workhorse” within a family dispute resolution paradigm centered on shared parenting as in the best interest of children. Research results from a family court mediation program are presented to highlight how parents encountered and responded to mediation as an embedded part of today's family dispute resolution paradigm/court system. Especially in cases that keep coming back to court, family dispute resolution has become a means of “making family” as much as supporting family separation. Implications for practice include limitations of a mediation service as provided in an under-resourced court and ultimate reliance upon parents to uphold the best interest standard through ongoing co-parenting interactions.

Comments

Accepted version. Family Court Review, Vol. 60, No. 3 (July 2022): 391-410. DOI. © 2022 Wiley Online Library. Used with permission.

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