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Mediation of Child Custody Disputes

NCJ Number
104800
Journal
Columbia Journal of Law and Social Problems Volume: 19 Issue: 4 Dated: (1985) Pages: 413-449
Author(s)
J Folberg
Date Published
1985
Length
37 pages
Annotation
This article defines child custody mediation in the context of a divorce, reviews its advantages and disadvantages, and examines some of the legal issues inherent in proposed New York State legislation that sets parameters for such mediation.
Abstract
Custody mediation is a nontherapeutic process by which the parents, with the assistance of a neutral resource person, systematically isolate points of agreement and disagreement, explore alternatives, and consider accommodations to reach a consensual decision on issues relating to their children. Such mediation limits state intervention and recognizes the family as a self-governing unit, even in decisions regarding its dissolution. Evaluations of various child custody mediation programs indicate they yield a high incidence of agreement and satisfaction among the parties, continuing cooperation between parents, a high incidence of compliance, cost savings compared to traditional court settlements, and a speedy resolution of custody issues. Some disadvantages of such mediation are the absence of legal process and precedent to ensure fairness, the newness of the mediation profession, and exaggerated claims and expectations for mediation. The proposed New York law pertaining to child custody mediation addresses the courts' role, protection for children's legal rights, confidentiality and privilege, and mediator recommendations to the court in the absence of a mediation agreement. The legislation deserves favorable consideration. 230 footnotes.

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