As mediation takes an in-creasingly prominent role in the family law arena, elements of the process have become more familiar culturally. Among these are: the opportunity to craft individualized solutions; autonomy in decision-making; voluntary participation; and low costs. Parties choose to mediate, as an alternative means to crafting a divorce settlement, for a broad range of reasons, including to maintain some measure of goodwill, peace and cooperation—particularly when the divorcing couple has children. In fact, attempting to mediate a divorce conflict, rather than entering a court process, is itself indicative of the parties' mutual hope to create a foundation for communicating and cooperating for the benefit of their children. Such couples realize that they are inextricably bound by their parenting role. And, an important by-product of this effort to cooperate: some insulation of the children from the stress and conflict inherent in divorce.
Indeed, that mediation will yield dividends to the entire family has been borne out by the academic and scientific research in this area. Most widely cited is the longitudinal study by Professor Robert Emery of the University of Virginia.1 Published in 2001, Emery's 12-year study followed high-conflict families who participated in short-term mediation not necessarily resulting in a final agreement, as well as a control group of families who instead litigated. The mediation group received an average of just five hours of services, much less than the average mediated divorce case. Nevertheless, that group reported, over the 12 years, more consistent and frequent contact with the non-residential parent and better communication and cooperation between the parents around issues such as discipline and how to celebrate special events and holidays. In other words, even a minimum of exposure to the process positively impacted the families.
