SHORT-TERM EFFECTS OF DIVORCE MEDIATION: A COMPARISON STUDY

Some potent criticisms have been leveled against the legal-adversarial method of resolving divorce disputes, especially by proponents of divorce mediation. Nevertheless, there is a paucity of empirical data on the validity and reliability of the divorce mediation model. In Study 1 of the present investigation, subjects seeking a mediated resolution of their divorce disputes were compared to subjects about to begin the legal adversarial process with respect to level of marital conflict. The two groups were found to be roughly equivalent in overall marital maladjustment, based on Dyadic Adjustment Scale scores. Initial differences between mediated and nonmediated couples in level of marital conflict appear to be minimal. Study 2 examined matched groups of mediated and nonmediated individuals 6 to 18 months after their separation agreement was signed. Those individuals who utilized mediation to reach their agreements were found to be significantly more satisfied, more amicable toward the ex-spouse, and more able to effectively communicate with him or her than their adversarial counterparts. A mediated resolution was found to cost significantly less, on the average, than a settlement achieved through the adversarial process. Present results also show a difference in type of custody arrangement produced in mediation and the adversary system. Significantly more mediated subjects opted for joint custody. The two groups were similar in consistency of support payments and in overall psychological adjustment. On the basis of the findings from Study 1, it is argued that these effects observed in Study 2 are unlikely to be due to differences in the premediation characteristics of couples. The findings are discussed in relation to previous research, and alternative explanations for the observed differences are explored. Present results suggest that mediation is related to some identifiable differences in behavior and attitude among those who seek marital separation and divorce.