Mediating and Negotiating Marital Conflicts

Conflicts associated with marital separation and divorce have, traditionally, been settled by lawyers through negotiations. Since 1980 in the United States, an increasing proportion of these conflicts have been settled or resolved through the process of marital-conflict mediation. Critics of mediation contend that the process fails to protect women from violent partners and that agreements neutralize the impact of gender-based power imbalances. Mediators argue that it is lawyers who are responsible for escalating conflict and that the legal process is costly and causes stressful delays in the separation process.

The authors of this volume find that these arguments are ideologically driven and rarely supported by empirical research results. Aiming to stimulate theory-guided, problem-focused research, Desmond Ellis and Noreen Stuckless present an empirically grounded discussion of the outcomes of negotiation and mediation. They additionally provide detailed information on implementing court-based mediation services in a way that protects relatively powerless partners from harmful consequences.