Mediating and Negotiating Marital Conflicts [Paperback]

Conflicts associated with marital separation and divorce have, traditionally, been settled by lawyers through negotiations. Since 1980 in the United States, an increasing proportion of these conflicts have been settled or resolved through the process of marital-conflict mediation. Critics of mediation contend that the process fails to protect women from violent partners and that agreements neutralize the impact of gender-based power imbalances. Mediators argue that it is lawyers who are responsible for escalating conflict and that the legal process is costly and causes stressful delays in the separation process.

The authors of this volume find that these arguments are ideologically driven and rarely supported by empiricalConflicts associated with marital separation and divorce have, traditionally, been settled by lawyers through negotiations. Since 1980 in the United States, an increasing proportion of these conflicts have been settled or resolved through the process of marital-conflict mediation. Critics of mediation contend that the process fails to protect women from violent partners and that agreements neutralize the impact of gender-based power imbalances. Mediators argue that it is lawyers who are responsible for escalating conflict and that the legal process is costly and causes stressful delays in the separation process.

The authors of this volume find that these arguments are ideologically driven and rarely supported by empiricalIntroduction
Definition of Concepts
Theory
Causal Mechanisms in Lawyer Negotiations and Mediation
The Choice of Mediation or the Adversarial Process
Marital Violence
Spousal Violence
Postseparation
Power Imbalances in Divorce Mediation
Issues and Outcome
Processes, Outcomes, and Satisfaction
Compliance
Economic Consequencelƒd