THE COURT, THE PARENT, AND THE CHILD: MEDIATOR PERCEPTIONS OF THE PURPOSE AND IMPACT OF MANDATED MEDIATION IN CHILD CUSTODY CASES
AbstractThe determination of custody and visitation arrangements for minor children is an event normally accompanying a divorce, and it may also be a part of other proceedings involving the care of minor children. The process for determining child custody and visitation is important to the parents, the children, the courts, and society. Historically, this was a judicial decision in contested cases, and the standards used by courts have varied over time. Mediation, as an adjunct to the court's determination of child custody and visitation, began its rise in popularity in the early seventies. As states moved away from fault-based divorce toward no-fault dissolution of marriage, courts and legislatures embraced mediation as a less divisive way for couples to navigate the often painful process of deciding custody and visitation issues, which marked a shift toward the best interest of the child standard. While mediation has many proponents, it is not without its critics. Criticisms have included concerns about the fairness of the process for women and whether mediation is simply another way to force the parties into a settlement of the issues to save the court time and resources. Because some states have chosen to mandate mediation of child custody and visitation issues, the purposes and efficacy of mediation in child custody and visitation are extremely important and should be carefully examined. There is little quantitative or qualitative research on these issues. This Article describes a qualitative research study that explored mediators' understanding of the purposes of mediation in child custody and visitation in the Tenth Judicial Circuit of Illinois, a state that has recently mandated mediation for these issues.
How to Cite
. THE COURT, THE PARENT, AND THE CHILD: MEDIATOR PERCEPTIONS OF THE PURPOSE AND IMPACT OF MANDATED MEDIATION IN CHILD CUSTODY CASES. Journal of Law and Family Studies, [S.l.], v. 13, n. 1, may 2011. Available at: <http://epubs.utah.edu/index.php/jlfs/article/view/494>. Date accessed: 25 feb. 2018.
Copyright Utah Law Review All Rights Reserved.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).