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Divorce Mediation - International And Cultural Perspectives On Mediation

Marriage and Family EncyclopediaDivorceDivorce Mediation - Divorce Mediation Process, Models Of Mediation, Mediator's Role, Advantages Of Mediation, Disadvantages Of Mediation

International and Cultural Perspectives on Mediation

Divorce mediation is an international means of conflict resolution. For example, divorce mediation studies have been conducted in Australia (McIntosh 2000), England (Dingwall, Greatbatch, and Ruggerone 1998) Norway (Tjersland 1999), and Scotland (Mackay and Brown 1999). These studies all address aspects of mediation that also challenge mediators in the United States. The impact of custody decisions on children's mental health, the structure and effectiveness of mandatory divorce mediation, mediator competence, the influence of gender on the mediation process, and mediation models are issues equally relevant on an international level. However, perspectives on mediation unique to a given country are also present. For example, in Australia concern has been given to the relevance of Western-based models of mediation. In Scotland, where the legal system is separate from the UK-based umbrella organization, over-seeing mediation in Scotland challenges the coordination of services. Studies have focused on cultural issues (e.g., value incongruence between mediation models and mediation participants of Asian descent) and the lack of relevant research on mediation with specific ethnic populations (e.g., Hispanic, African-American, Asian) (Molina 1999; Wong 1995). International research requires development on methodological as well as on cultural fronts (Beck and Sales 2001).

New mediation models are also being developed internationally. Canada, for example, has seen the development and increased use of what has been referred to as collaborative divorce or collaborative family practice (Sacks 2000). In short, these models discard the adversarial stance of most mediation models in favor of a model that emphasizes win-win solutions, a both/and perspective on parties' interests, difference in perceptions over right or wrong perceptions, empathic responses over defensive or aggressive ones, curiosity and compassion over judgment and blame, both parties against a problem over both parties against one another, and empowerment over domination. These premises are highlighted in a process that involves an interdisciplinary team. Such teams may be comprised of the relevant parties, lawyers, a divorce coach (i.e., facilitating understanding of and movement through the divorce process), a child specialist (i.e., speaking as a voice for the needs of children involved), and a financial specialist (i.e., providing budgetary and financial assistance). The collaborative model is well received in Canada as it has been experienced as healthier than other models (MacDonald 2000). At the beginning of the twenty-first century, those involved in divorce mediation are beginning to emphasize the creation of healthy relationships and not simply a resolution of some conflict as the outcome of divorce mediation.


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Other Resources

MacDonald, J. C. (2000). "Collaborative Family Practice: A New Approach." Joel Miller's Family Law Centre. Available at: www.familylawcentre.com/macdonald.html.

Sacks, M. (2000). "Collaborative Divorce and Separation." Available at: www.collaborativedivorce.ca/intro.html.


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