Issue development in divorce mediation

Donohue, William A.; Lyles, Judith; Rogan, Randall G.

doi:10.1002/crq.39019892404

Cited by 17 publications

(14 citation statements)

References 4 publications

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“…In general, mediation and litigation are often compared in terms of the number of settlements they generate. An assumption of such a comparison is that a higher number of signed agreements indicate a better dispute resolution process (Donohue, Lyles, and Rogan ; Herrman et al. ).…”

Section: Outcome‐based Studiesmentioning

confidence: 99%

Toward High‐Quality Divorce Agreements: The Influence of Facilitative Professionals

Baitar

Buysse

Brondeel³

et al. 2012

Negotiation Journal

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Studies have reported that mediation has higher settlement rates than litigation. The quality of these agreements as experienced by the parties as well as the processes that contribute to this subjective experience remains underexamined, however. In a large, representative, and multidisciplinary study of divorcing couples, we studied the relationship between the practices of lawyers and mediators and the quality of agreements experienced by their clients. We used multiple regression analysis to reveal that divorce mediation is significantly more likely than litigation to produce high‐quality divorce settlements. Furthermore, we found that high‐quality divorce agreements were more likely to occur when mediators and lawyers were perceived to have worked facilitatively. In addition, we found that pre‐divorce conflict levels were inversely correlated with the quality of agreements. Which party initiated the divorce, the parties' gender, and the type of legal divorce did not explain variances in the quality of the agreements. In this article, we also discuss the training and practice implications of our findings.

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Section: Outcome‐based Studiesmentioning

confidence: 99%

Toward High‐Quality Divorce Agreements: The Influence of Facilitative Professionals

Baitar

Buysse

Brondeel³

et al. 2012

Negotiation Journal

View full text Add to dashboard Cite

show abstract

“…Certain issues may simply be harder to resolve than others. Donohue, Lyles, and Rogan (1989) set out to discover exactly what divorcing parties fight about. These authors coded transcripts from actual divorce mediation sessions, according to the issues each party discussed.…”

Section: Research Overviewmentioning

confidence: 99%

“…Donohue and his colleagues (Donohue, Diez, and Weider-Hatfield, 1984;Donohue, Allen, and Burrell, 1988;Donohue and Weider-Hatfield, 1988;Donohue, Lyles, and Rogan, 1989;Donohue, 1991) investigated the effects of these issues on mediation processes and outcomes. In particular, Donohue, Lyles, and Rogan (1989) examined twenty pre-and postdivorce mediation sessions transcribed from audiotapes collected by the Divorce Mediation Research Project (1981)(1982)(1983)(1984), funded by the Children's Bureau of the U.S. Department of Health and Human Services (90-CW-634). The researchers compared ten agreement transcripts with ten no-agreement transcripts from the Los Angeles Family Mediation and Conciliation Court.…”

Section: Research Overviewmentioning

confidence: 99%

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Mediator issue intervention strategies: A replication and some conclusions

Donohue

Drake²,

Roberto³

1994

Mediation Quarterly

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The goal of the study reported here was to compare two samples of mediator intervention strategies to learn about sources of dissatisfaction among clients. The results indicate that the more mediators ignore disputants' relational concerns, the more difficulty they will experience in reaching agreement. In both samples, couples who came to mediation with significant relational baggage quickly moved the discussion toward these concerns and away from substantive issues. Mediators who had trouble reaching agreement bypassed any mention of these issues and instead focused on facts. By failing to provide the clients with an opportunity to vent emotional concerns, these mediators may have contributed significantly to decreased client satisfaction.

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“…This is especially true with mediation outcomes, which are poorly measured from a psychometric perspective. This absence of evaluation tools is hindering the evaluation of dispute resolution programs, and mediation’s success is commonly measured by whether or not participants reach an agreement (Donohue, Lyles, & Rogan, 1989; Hollett, Herrman, Eaker, & Gale, 2002; Irving & Benjamin, 1992).…”

Section: Introductionmentioning

confidence: 99%

Quantifying the Quality of Mediation Agreements

Poitras

Tareau

2009

Negotiation Conflict Man Res

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For workplace mediation programs, success is most often measured by assessing the agreement rate. However, it is unlikely that all signed agreements are of equal quality. Starting with the principle that the “success” of a mediation program cannot be limited to its agreement rate, we designed a study to assess the quality of mediation agreements. This article uses a questionnaire based on a five‐dimension framework (mediator’s usefulness, procedural justice, satisfaction with agreement, confidence in agreement, and reconciliation between parties) to conduct a cluster analysis of a sample of agreements from a governmental mediation program. Three types of agreement are identified: disappointing, satisfactory, and value‐added agreements. The study’s theoretical contributions as well as its practical implications for mediators and mediation programs are discussed.

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Issue development in divorce mediation

Abstract: Couples experiencing difficulty reaching agreement in mediation focus more on relationship issues; their mediators shy away from these issues and direct couples to discuss more factual issues.

Cited by 17 publications

References 4 publications

Toward High‐Quality Divorce Agreements: The Influence of Facilitative Professionals

Toward High‐Quality Divorce Agreements: The Influence of Facilitative Professionals

Mediator issue intervention strategies: A replication and some conclusions

Quantifying the Quality of Mediation Agreements

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