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Mediating and Negotiating Marital Conflicts
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Mediating and Negotiating Marital Conflicts



October 1996 | 176 pages | SAGE Publications, Inc
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.

 
Introduction
 
Definition of Concepts
 
Theory
Causal Mechanisms in Lawyer Negotiations and Mediation

 
 
The Choice of Mediation or the Adversarial Process
 
Marital Violence
 
Spousal Violence
Postseparation

 
 
Power Imbalances in Divorce Mediation
 
Issues and Outcome
 
Processes, Outcomes, and Satisfaction
 
Compliance
 
Economic Consequences
 
Effects on Children

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