A Qualitative Study of Parents’ and Children’s Views on Mediation

This qualitative study examined the benefits to children of family mediation for divorcing couples and the limitations of such mediation. To capture the perspectives of parents and their children, we invited 40 parents and 10 children to participate in the study. The parent informants reported that mediation improved the efficacy of their parenting and alleviated their children’s stress about their divorce. In contrast, the child informants felt they were powerless when involved in the mediation process and that they received limited support from the mediators. Strategies are proposed for improving the cultural applicability of mediation services for children in a Chinese society.     

How Long Does a Santa Barbara Divorce Take?

There has been considerable research about the amount of time the psychological grief process requires when couples divorce. However, there has been little research on the time the actual process of divorce requires. To address this, we obtained free and publicly available information on divorce cases from Santa Barbara County. We are able to offer some insight about the relationship among the length of divorce, marriage length, and having minor children. Our results are consistent with those found in other literature that focuses on the length of the grief process, and our results are consistent with our experiences in family law practice and mediation.     

Mediation with Separated Parents: Recent Research 2002–2007

Mediation is increasingly being used to attempt to resolve conflicts between parents following divorce and separation. The article considers the problems faced by the mediator and how mediation can sometimes take the place of hostile litigation. The value and objective of mediation is to create harmony where there is disharmony. This naturally affects not only the adults but children from the relationship. The manner in which mediation is conducted varies with the mediator. One method found to be successful is discussed.     

BEYOND LAW AND ETHICS: AN INTERDISCIPLINARY COURSE IN FAMILY LAW AND FAMILY THERAPY

The professions of family therapy and law share many clients and areas of overlap. Law-related coursework in family therapy programs in typically limited to legal, ethical, and professional issues. However, students can also benefit from understanding other areas of overlap, such as divorce, child custody, and mediation. This article discusses the curriculum for an interdisciplinary course that educates both family therapy and law students. The course provides: (1) a substantive education about similarities and differences between the profession, how they operate as systems, and specific areas of overlap, (2) opportunities to learn clinical skills, and (3) opportunities for personal insight about skills, personality tyes, and negotiations, styles, and how these may differ between the professions.     

After the Divorce

The present study compares postdivorce adjustment factors among older, long-married persons with similar familial factors among younger divorced persons. Data collected from personal interviews indicate that older divorced persons are not devastated by their divorce. Although these two groups do not differ in their overall scores of emotional health as measures by the General Well-Being Scale, within certain categories the older persons appear to be emotionally healthier. Statistically significant differences between the two samples include: importance of family closeness; conflict in relationships; and forewarning of the divorce from family members. There are also differences in the familial factors that predict well-being for the two age groups. Professionals intervening at all system levels should be sensitive to age differences and incorporate familial factors that ameliorate postdivorce adjustment. Implications for practice with older divorced persons include strengthening parent/adult child relationships and creatively designing programs at macro and micro levels to decrease family conflict. With younger divorced persons, conflict mediation with the family following divorce is necessary.     

Validation of a Measure of Intimate Partner Abuse With Couples Participating in Divorce Mediation

Critics of court mandated divorce mediation have raised awareness of the need for screening measures to assess intimate partner abuse. This study validates a new instrument that is a revised version of the Partner Abuse Scales developed by Walter Hudson in the 1990s. The Relationship Behavior Rating Scale (RBRS) correlates highly with the original scales and subscales developed from the original and RBRS items have equally high reliability. The new scale is a reliable measure for intimate partner abuse in divorce mediation.     

The Ties That Bind: Family Systems Correlates of Parental Decision-Making in Custody/Access Disputes

Family systems theorists have developed certain concepts which they claim predict marriage outcome and the possible success of divorce mediation, should the marriage fail. In this paper I examine concepts of individual and family functioning. The concept of ‘emotional flexibility’ is presented as a criterion predisposing marriage partners to a more or less fused marriage. This in turn, is seen as predisposing the partners, in the event of separation, either to search for their own parental agreement with regard to their children's wellbeing, or to insist on a Judicial decision. In order to test the applicability of this concept, I explore the results of 64 conciliation conferences conducted by me in the Sydney Registry of the Family Court. I also consider a typology of divorcing couples worked out by divorce therapists, which uses type of spousal interaction as a criterion for predicting suitability for divorce mediation. I analyse the results of 30 Family Reports prepared by me, to test the usefulness of the typology for deciding on the most appropriate method of family dispute resolution for a given couple. I conclude by suggesting systematic exploration of core family system concepts and variables having a modulating effect, that can be used as predictors of client suitability for negotiation as well as to anticipate the type of custody/access arrangements that can be achieved.     

Divorce and Mid- and Later Life Families: A Phenomenological Analysis with Implications for Family Life Educators

ABSTRACT

A growing number of mid- and later life individuals and families are experiencing divorce and remarriage. Mid- and later life families are those who have begun to or may have launched their adult children. As a result, these families may include in-laws and grandchildren. Limited research has addressed the potentially unique experiences of these families whose lives are made more complex and complicated by divorce, remarriage, or both. The purpose of this article is to examine, from a phenomenological perspective, the lived experiences of individuals and families experiencing divorce in mid- and later life. In so doing, four case studies are presented that represent four common pathways through divorce and remarriage in mid- and later life: career divorced, seasoned divorced, newly divorced, and interrupted career divorced. Using these case studies and our interpretation of them based on a phenomenological approach, we offer implications for family life educators for improving the delivery of educational services to families facing mid- and later life divorce and remarriage.     

Divorce and Coparenting: A Qualitative Study on Family Mediation in Italy

This qualitative study intended to assess how intergenerational transformative family mediation is a resource in promoting and supporting coparenting during the transition of divorce. There were 2 goals: to assess parents’ perceptions of key topics of family mediation and to compare their perceptions concerning different moments of the intervention. Fifteen Italian parents were interviewed using an ad hoc semistructured interview. Data were analyzed using the textual analysis software T-LAB. Findings showed mediator, pragmatic aspects, and family relationships as the most salient aspects of mediation. Significant differences emerged among the beginning, the middle phase, and the end of this intervention.     

Partnering Across the Life Course: Sex, Relationships, and Mate Selection

Marital delay, relationship dissolution and churning, and high divorce rates have extended the amount of time individuals in search of romantic relationships spend outside of marital unions. The scope of research on intimate partnering now includes studies of "hooking up," Internet dating, visiting relationships, cohabitation, marriage following childbirth, and serial partnering, as well as more traditional research on transitions into marriage. Collectively, we know much more about relationship formation and development, but research often remains balkanized among scholars employing different theoretical approaches, methodologies, or disciplinary perspectives. The study of relationship behavior is also segmented into particular life stages, with little attention given to linkages between stages over the life course. Recommendations for future research are offered.     

Predictors of Divorcing Women's Use of Divorce Mediation

Abstract

This study examined the relations between perceived usefulness of mediation, problem susceptibility, mental health conditions, availability of social support, and the likelihood of using divorce mediation service. The sample comprised 124 divorcing women in Hong Kong who sought legal aid to settle matrimonial issues. A large proportion of participants indicated their willingness to use mediation. Logistic regression showed that likely users have higher appreciation of the helpfulness of the service, have poorer mental health, and to some extent, receive lower levels of social support from informal sources. Susceptibility to housing, finance, and child-care problems is not a significant predictor. The results strongly suggest the importance of promoting mediation services to the people in need.     

A KLEINIAN PERSPECTIVE ON THE DIVORCE PROCESS: FROM THE PARANOID-SCHIZOID TO THE DEPRESSIVE POSITION

This paper looks at the divorce process from the perspective of Kleinan theory. It argues that during the early stages of divorce, most persons are in Klein’s paranoid-schizoid position, characterized by splitting and persecutory anxiety, and that they move on to the depressive position, characterized by sadness and longing, only later. The movement occurs as the separated or divorced individual becomes able to tolerate ambivalence, and thus to integrate both the loved and hated aspects of the former spouse and marriage. The paper illustrates the claim in three case studies and recommendations are made for treatment and research.Nehami Baum Ph.D. is a lecturer of the School of Social Work at Bar Ilan University. She is a social worker with experience in both public and private practice. Her special interests include non-death related loss, divorce, men in therapy, treatment termination, social work students' professional identity formation, and guilt.     

The Marital Termination Period of the Divorce Adjustment Process

This paper deals with the marital dynamics characteristic of the period immediately prior to a decision to divorce. The period is termed the Period of Termination and occurs while a couple is still living together. It is one of the two peak stress periods of the divorce adjustment process. The concept of a marital Point of No-Return (N/R) is introduced. Guidelines for working with the concept are presented. Two marital termination strategies and the implications of these concepts for clinical practice are examined. A demarcation point for marital therapy vs. divorce therapy is also suggested. Finally, observations regarding the nature of the emotional scarring that may result from this period are discussed.     

Validation of Fear of Partner Scale

Therapists have a responsibility to ascertain if psychological aggression, physical aggression, sexual aggression exist, and if there is fear of the partner. A fear of partner measure was evaluated in 100 couples who sought relationship feedback. Fear of partner's psychological, physical, and sexual aggression was related to actual reports of such behavior. For both men and women, fear of speaking in front of partner and fear of being in therapy with partner were related to reports of psychological aggression perpetrated by the partner, dominance, and isolation by the partner, and one's own marital dissatisfaction. Among respondents who were aggressed against, more men than women reported fear of participating in therapy with their partner. The measure herein can be used to determine the extent of fear of aggression by partners and to assist in the decision‐making about the appropriateness of marital therapy and divorce mediation.     

Cognitive-Behavioral Family Therapy with a Family in High-Conflict Divorce: A Case Study

Children who live in families with high-conflict divorce situations are increasingly coming to the attention of clinicians. This paper explains the nature of the impasse of high-conflict divorce. It presents a brief theoretical overview of cognitive-behavioral family therapy as an effective approach to treatment for high-conflict divorce families. A case study that successfully utilized a cognitive-behavioral approach to family therapy is presented. Specific techniques such as parent training, communication and empathy skills, problem-solving skills, assertiveness training, role-modeling on the part of the therapist and application of the concept of reciprocal inhibition were included in the cognitive-behavioral family treatment. An N=1 research design is graphically illustrated for evaluation purposes.     

Trajectory of Influence of Parental Divorce on Children's Heterosexual Relationships

This is a qualitative research study adopting a naturalistic paradigm in exploring the influence of parental divorce on childen's subsequent heterosexual relationship. Numerous studies have been conducted to verify the nature and extent of this influence though most of them adhere to the postivist-empirical tradition. However, the influence of parental divorce on children's subsequent heterosexual relationships is inherently an extremely complex human interactive process which is very difficult, if not impossible, to be understood through a positivist tradition which focuses more on verification rather than understanding. Gathered through a naturalistic paradigm, the data of this study reveal the complexity of the process involved "A trajectory of parental influence on children's heterosexual relationships" is proposed. The understanding of this process sheds light on the long-term effect of parental divorce on children regarding their adult heterosexual relationships. As such, this study bears significant implications for marital therapy to adult children of divorce.     

Did Unilateral Divorce Laws Raise Divorce Rates in Western Europe?

The increase in European divorce rates over the past decades was accompanied by several changes in divorce laws. Yet for European countries, research on the effects of divorce law on the divorce rate is scarce. Most of the existing studies are based on data from North America and provide numerous, but inconsistent, results. We use fixed‐effects regression models to examine the impact of the introduction of unilateral divorce on the divorce rate in Western European countries. We find that de facto unilateral divorce practices led to a sustainable increase in the divorce rate, whereas legal rights to unilaterally divorce had no long‐run effects.     

Using Computer Aided Interactive Video Technology to Provide Experiential Learning for Mediation Trainees

Participation in experiential learning activities enhances new mediator competence. There are numerous ways to provide such activities in higher education and private training settings. None of the existing modes of experiential learning (e.g., roleplay, case study analysis, or supervise practicum) is without limitation, however. And, no single way mode appeals to every learner or is compatible with his/her learning style. By using a variety of experiential teaching approaches, mediation educators and trainers may maximize the benefit of instruction, thereby improving the performance quality of new practitioners. This article attempts to heighten the readers' awareness of computer aided interactive video (CAIV) technology and its suitability for providing experiential learning opportunities for divorce mediation students and trainees. The process of designing and developing a CAIV instructional program for such use is described. The procedures for, and positive results of, field testing the program are high- lighted.     

Mechanisms behind Prolonged Effects of Parental Divorce: A Phenomenological Study

Much research has been aimed at evaluating the effect of divorce on children. The effects via the perceptions of adult children of divorce, however, are substantially underrepresented in this literature. Further, the studies that are published are out of date (often 20 years old), thus leading to questions as to whether the effects are the same as described. The purpose of this phenomenological study was to obtain a retrospective analysis directly from adults who experienced their parents’ divorce in childhood to understand what aspects of the divorce, either positive or negative, followed them into adulthood. Specifically, we were interested in learning the mechanisms contributing to such effects. Eight women and 1 man participated in semistructured interviews. Participants identified communication and support as key factors in their experience, both positively and negatively. Implications for clinical treatment are presented.     

An Examination of Gender Differences in Attitudes Toward Divorce

ABSTRACT

Using the General Social Survey, this article examines the gender difference in attitudes toward divorce. Although previous studies have found that women have more tolerant attitudes toward divorce compared to men, we find that this gender difference depends on the measure. Our analysis indicates that women are more likely than men to advocate making divorce more difficult to obtain. We find a significant link between the Protestant faith and conservative attitudes toward divorce; taking into account religious factors reduced the gender difference in attitudes. Consistent with prior literature, our results indicate that different factors affect men's and women's views of divorce.