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Attorney Attitudes Toward Divorce Mediation

NCJ Number
96523
Journal
Mediation Quarterly Issue: 6 Dated: (December 1984) Pages: 65-72
Author(s)
L S Smart; C J Salts
Date Published
1984
Length
8 pages
Annotation
Attorneys' attitudes and knowledge about alternatives to the divorce litigation process were explored in this study. A questionnaire was sent to 535 attorneys in Illinois.
Abstract
Of the 150 attorneys who responded, 135 were male and 15 were female. Data were analyzed with the Kruskal-Wallis H, a nonparametric analysis of variance. Recent law school graduates were the most likely and early graduates (1909-1964) the least likely to have referred clients to mediation. The recent graduates were more likely to provide mediation service for clients and to be aware of the existence of mediation services in their area and the least likely to have asked presiding judges to refer clients to conciliation services. Attorneys who had graduated between 1965 and 1974 were the most likely to have done so. Attorneys who had personal experience with conciliation or mediation were significantly more likely to have referred clients to mediation and were significantly more likely to be aware of the existence of mediation services in their area. Only 10 of the respondents had received any training in divorce mediation. Thirty-three attorneys (22 percent) indicated that they provided mediation services for clients. The study findings fail to suggest that much awareness or acceptance of alternatives to the litigation process exists among a sample of members of the Illinois State Bar Association. Fifteen references are listed.

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