Court Based Divorce Mediation In Four Canadian Cities

Recent years have seen a growing interest in the development and encouragement of ways of ending unhappy marriages which minimize the social, psychic and economic costs. One alternative to the traditional legal process is divorce mediation, the use of a neutral third party whose goal is to aid separating and divorcing couples through conciliation counselling. This report is an evaluation of this innovation in family law, concerning itself with the development, nature and impact of mediation as an alternative dispute resolution. The report draws upon the Winnipeg Study and the Divorce and Family Mediation Study, from the Department of Justice, and presents their major findings on court-based divorce and family mediation services.

The findings described in this report come from a two-year study of court-based divorce mediation and separation counselling in Saskatoon, Montreal, and Saint John's. This document reviews the issues of concern with respect to divorce and family mediation and some of the findings from social science research which underlie the rationale for non-adversarial approaches to marriage breakdown. It also describes the research design and data base for each of the research modules and sites. It provides a descriptive account of the three courts and their mediation service and approach. In addition, it looks at mediation in Canada more generally, and includes an analysis and evaluation of the outcomes of divorce mediation, with particular reference to the economic situation of couples and their children, to custody and access, to parenting generally, and the impact of mediation on various aspects of the court process.

Preface by Hugh McIsaac Family mediation has quickly become a significant means of legal dispute resolution, recognized in most North American jurisdictions as a relief to already overburdened judicial systems. Using an innovative practical approach, the authors of Family Mediation incorporate the pivotal principles of family therapy into this new context--the judicial realm of family mediation. The practice model--therapeutic family mediation--thoroughly treats history, specific issues, and practice in an ecosystemic approach and responds to feminist critique of mediation. In addition, the authors offer important perspectives on mediating with multicultural populations and the role of the mediator in child custody disputes and child protection cases. Through examination of family mediation research as well as helpful case history vignettes, the authors of this volume take action to fill significant gaps between family therapy and mediation. Family Mediation provides a new take on family mediation that will benefit not only professionals and researchers in family studies, social work, clinical psychology, and sociology but also professional and volunteer mediators, conciliation court personnel, and family law specialists. "Family Mediation is an excellent blend of scholarship and practice, and it is the best of the books I have read on family mediation. First, it is clear and well written. Second, it provides an in-depth, current review of the divorce literature. The literature on divorce is large, uneven, and difficult to interpret. The authors have done a service to the profession by skillfully reviewing and integrating this literature." --Stephen J. Bahr, Brigham Young University "This book is one of the most comprehensive and well-researched texts on mediation to date. The authors have compiled an immense array of information regarding the history of family mediation, the practice and knowledge base, a review of literature regarding divorce, the principles of mediation, gender and cultural issues, elements in a child custody dispute, sharing parenting, cultural issues, and the use of mediation in dependency, and they include an excellent summary of research conducted. . . . Of particular value is the enormous scope of the review of literature and the work of others, not only in Canada but also the United States, Australia, and Great Britain, underscoring the international nature of this transformation. What Howard H. Irving and Michael Benjamin have done is chart a major shift in the handling of conflict and they have done it very well." --Family and Conciliation Courts Review "Howard H. Irving and Michael Benjamin have surveyed and summarized an immense amount of material within the covers of this volume, presenting it in a clear, readable style. It is one of the rare texts on mediation that does justice to the complexity of families generally and families in North America particularly--to their diversity of culture, to the scope of feminist thought and gender differences, and to the ranges of social class. Their attention to divergent forms of mediation and differences in practice across jurisdictions is broadly sighted. An excellent choice for a text in mediation." --Mary A. Duryee, Family Court Services, Alameda County, Oakland, CA "Howard H. Irving and Michael Benjamin grapple with what is the most difficult event that confronts almost half of all modern families--divorce. Historically, the developmental issues and problems surrounding divorce have been solved in the courts. But modern-day courts are overwhelmed by an avalanche of divorce cases, more than a million a year, and are unable to meet the needs of separating parties. Family Mediation offers a fundamentally different approach from the conventional legal system. The empirical research and clinical experience Irving and Benjamin bring to bear on this subject have resulted in the seminal work in this area. This delightful and thoughtful book is a must for the modern mediation practitioner who works with families and children." --Duncan Lindsey, Professor, UCLA, and Editor-in-Chief, Children and Youth Services Review "This book is unique in providing a complete overview of relevant subject areas for family mediation under one cover. Its writing is timely because it dispels some of the myths in the rapidly expanding field of family mediation. . . . Family Mediation is a comprehensive text that follows the development of family mediation through the present and concludes with the predictors of future directions. It is perhaps the most thorough critical review of the literature pertaining to family mediation and develops an inclusive practical model of practice for practitioners. The book is readable . . . responsible, and of interest to family mediators and the family law lawyers who work closely with them. It may become a must as a background for the novice family mediator about to embark on a course of training." --Laurel Pearson, McWhinney, Metcalfe, and Associates, Toronto, Canada

Family justice requires not only a legal framework within which personal obligations are regulated over the life course, but also a justice system which can deliver legal information, advice and support at times of change of status or family stress, together with mechanisms for negotiation, dispute management and resolution, with adjudication as the last resort. The past few years have seen unparalleled turbulence in the way family justice systems function. These changes are associated with economic constraints in many countries, including England and Wales, where legal aid for private family matters has largely disappeared. But there is also a change in ideology in a number of jurisdictions, including Canada, towards what is sometimes called neo-liberalism, whereby the state seeks to reduce its area of activity while at the same time maintaining strong views on family values. Legal services may become fragmented and marketised, and the role of law and lawyers reduced, while self-help web based services expand. The contributors to this volume share their anxieties about the impact on the ability of individuals to achieve fair and informed resolution in family matters.

With poverty, unemployment, and one-parent families on the rise in most Western democracies, government assistance presents an increasingly urgent and complex problem. This is the first study to explore Canada's family policies in an international context. Maureen Baker looks at the successes and failures of social programs in other countries in search of solutions that might work in Canada. Baker has chosen seven industrialized countries for her comparative study: Australia, France, Germany, The Netherlands, Sweden, the United Kingdom, and the United States. These countries experience social and economic strains similar to those felt in Canada, and though they share certain policy solutions, major differences in policy remain. Baker considers which of the policies in these countries are most effective in reducing poverty, enhancing family life, and improving the status of women, then applies her findings to the Canadian situation. Bringing together research and statistics from the fields of demography, political science, economics, sociology, women's studies, and social policy, this rich, multidisciplinary study provides a unique resource for anyone interested in Canadian family policy.

This is the first volume in a series intended to report on the evolution of family policies in Western welfare states (and to compare current provisions). The developments are presented in the context of a report on family change for each of the countries, and with a view of the economic, political, and institutional climates in which they occurred. Topics covered in this book include family formation and current structural patterns, families and the division of labor, the income of families (earnings, taxation, transfer programs), and also the political and institutional contexts for family policy. An extensive bibliography is provided.

Hartley examines the introduction of alternative dispute resolution (e.g., mediation) in a court system in Georgia. Attorneys supported the introduction of mediation to consolidate control of the legal process and to add it to their practices. They also used mediation to settle some cases more quickly. Mediation gave judges flexibility to weed out minor cases and process others more quickly. However, these changes were not so great as to put a dent in settlement or trial rates, and Hartley concludes that while changes in court procedures have effects, researchers need to examine the behavior of actors in depth in order to discover these effects.