Other Free Encyclopedias » Marriage and Family Encyclopedia » Divorce » Divorce Mediation - Divorce Mediation Process, Models Of Mediation, Mediator's Role, Advantages Of Mediation, Disadvantages Of Mediation

Divorce Mediation - Disadvantages Of Mediation

lawyers detractors process fairness

Detractors to mediation do exist (Twaite et al. 1998). Detractors' claims can be framed against the above-description of advantages. Viewing mediation as more efficient seems advantageous, yet, expediting the decision-making process may potentially threaten fairness. The litigation process, with its lawyers protecting client interests and disclosure rules ensuring full disclosure of information, can be seen to ensure fairness more than the informal and variable process of mediation. Regarding the espoused benefits of increased accessibility with mediation, it has been argued that the decreased cost of mediation is related to the fact that lawyers charge higher fees due to their greater level of expertise and legal status. As lawyers can better predict settlement outcome if a case goes to court, proponents of litigation contend that lawyers can thus provide better input to their clients. Moreover, the claims of Robert Bush and Joseph Folger (1994) for the potential for increased self-empowerment and growth have been critiqued on the basis of an erroneous assumption: equal power between disputants. James Twaite and his colleagues (1998) summarize the view of many detractors of mediation on this issue. Detractors believe the potential for inequitable settlement for women with the mediator's role of neutrality being inadequate to contain a dominant, or more powerful, disputant. Jessica Pearson (1997), speaking from a feminist perspective, believes mediation decriminalizes domestic violence by offering a conciliatory approach that does not hold the abuser accountable for his or her actions. Additionally, placing the abused and the abuser in the same room for mediation leads to obvious safety issues. Kelly (1996) and Pearson (1997) communicate the complex nature of researching this issue. Both conclude that mediation has been beneficial when domestic violence is a variable but only under certain conditions and only after adequate assessment.


Divorce Mediation - International And Cultural Perspectives On Mediation [next] [back] Divorce Mediation - Advantages Of Mediation

User Comments

Your email address will be altered so spam harvesting bots can't read it easily.
Hide my email completely instead?

Cancel or

Vote down Vote up

about 2 years ago

Am here to appreciate a man who has brought back the most precious thing back into my life .After Hayden left me for good 2years i was in deep pain and so confused because I truly loved him so much because he meant a lot in my life, So i was at a shop one day buying something’s when i was listening to the radio hearing a lady talking about Dr Eka on how he has helped her in bringing back her ex,lover i was like truly this Dr Eka has really been the talk of UK now So which then i got home and had a re think about contacting this spell caster So then i got his contact when i went to meet them at the radio station, They gave me dr Eka cell number and email ID, Then I decided to contact him and i explained to Dr Eka how my Husband left me for good 2years,He told me not to worry that he would surly bring back Hayden into my life within 5days i was so happy when i had that I was thinking if truly what Dr Eka is saying is true So then i said if he was a scam people would not talk good about him in an international radio station here in the UK,hat baffled me the most was that before the 5days completed i already got an email from Hayden begging me,i was like are you sure this email his real,i was doubting then the next thing was a call from Hayden telling me he is in front of my door i rushed to the door i opened it and saw Hayden standing and crying for me to forgive him which i did,i forgive him and he was so happy and promise to be with me forever, This happened due to the help of this great man Dr Eka,Please friend Dr Eka has brought back happiness into our life in the UK how wish we could give him an award for the great thing he has done for us in the UK. Dr Eka is a man to contact for help please don't fall victim into the hand of scam Dr Eka is here to help and a living testimony to his great work contact him on his private mail dreka14demons@gmail.com

Vote down Vote up

about 2 years ago

Am here to appreciate a man who has brought back the most precious thing back into my life .After Hayden left me for good 2years i was in deep pain and so confused because I truly loved him so much because he meant a lot in my life, So i was at a shop one day buying something’s when i was listening to the radio hearing a lady talking about Dr Eka on how he has helped her in bringing back her ex,lover i was like truly this Dr Eka has really been the talk of UK now So which then i got home and had a re think about contacting this spell caster So then i got his contact when i went to meet them at the radio station, They gave me dr Eka cell number and email ID, Then I decided to contact him and i explained to Dr Eka how my Husband left me for good 2years,He told me not to worry that he would surly bring back Hayden into my life within 5days i was so happy when i had that I was thinking if truly what Dr Eka is saying is true So then i said if he was a scam people would not talk good about him in an international radio station here in the UK,hat baffled me the most was that before the 5days completed i already got an email from Hayden begging me,i was like are you sure this email his real,i was doubting then the next thing was a call from Hayden telling me he is in front of my door i rushed to the door i opened it and saw Hayden standing and crying for me to forgive him which i did,i forgive him and he was so happy and promise to be with me forever, This happened due to the help of this great man Dr Eka,Please friend Dr Eka has brought back happiness into our life in the UK how wish we could give him an award for the great thing he has done for us in the UK. Dr Eka is a man to contact for help please don't fall victim into the hand of scam Dr Eka is here to help and a living testimony to his great work contact him on his private mail dreka14demons@gmail.com

Vote down Vote up

about 2 years ago

Am here to appreciate a man who has brought back the most precious thing back into my life .After Hayden left me for good 2years i was in deep pain and so confused because I truly loved him so much because he meant a lot in my life, So i was at a shop one day buying something’s when i was listening to the radio hearing a lady talking about Dr Eka on how he has helped her in bringing back her ex,lover i was like truly this Dr Eka has really been the talk of UK now So which then i got home and had a re think about contacting this spell caster So then i got his contact when i went to meet them at the radio station, They gave me dr Eka cell number and email ID, Then I decided to contact him and i explained to Dr Eka how my Husband left me for good 2years,He told me not to worry that he would surly bring back Hayden into my life within 5days i was so happy when i had that I was thinking if truly what Dr Eka is saying is true So then i said if he was a scam people would not talk good about him in an international radio station here in the UK,hat baffled me the most was that before the 5days completed i already got an email from Hayden begging me,i was like are you sure this email his real,i was doubting then the next thing was a call from Hayden telling me he is in front of my door i rushed to the door i opened it and saw Hayden standing and crying for me to forgive him which i did,i forgive him and he was so happy and promise to be with me forever, This happened due to the help of this great man Dr Eka,Please friend Dr Eka has brought back happiness into our life in the UK how wish we could give him an award for the great thing he has done for us in the UK. Dr Eka is a man to contact for help please don't fall victim into the hand of scam Dr Eka is here to help and a living testimony to his great work contact him on his private mail dreka14demons@gmail.com