What Works in Custody Mediation? Effectiveness of Various Mediator Behaviors[Note 11. This research is connected to a broader evaluation of ...]

다국어 초록 (Multilingual Abstract)

This study uses behavioral observation and pre‐and post‐mediation questionnaires to measure the impact of mediator behaviors on participant attitudes and case outcomes in 130 court‐connected custody mediations involving 270 participants and 30 mediators. As a quasi‐experimental design, regression analysis controlled for a broad range of participant attitudinal and case characteristics. Mediator reflecting and eliciting strategies were associated with positive outcomes, while directing strategies had significant negative effects. Proportionally greater time spent in caucus was associated with increased participant trust in the mediator but more negative attitudes among participants. The article considers implications for mediators and court mediation programs.

Mediator reflecting strategies are associated with positive short‐term impacts on parents' attitudes toward each other and positive long‐term impacts on their ability to work together.
Mediator reflecting strategies alone decrease the likelihood of reaching agreement unless combined with mediator eliciting solutions from the parties.
Mediator directing strategies are associated with increased likelihood of participants' filing adversarial motions in the long‐term.
Greater proportional use of caucus has mixed results, increasing participant trust in the mediator but making parties more hopeless about resolution with the other parent.