Defining a threshold for client competence to participate in divorce mediation
Bibliographic Data
| ID | 12434865 |
|---|---|
| Authors | Connie J A Beck (0000-0001-6703-3534, corresponding author), Lynda E Frost (The University of Texas at Austin) |
| Year | 2006 |
| Volume | 12 |
| Issue | 1 |
| Pages | 1-35 |
| Publication date | 2006-02-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Psychology Public Policy and Law (JOURNAL) |
| Journal identifiers | ISSN: 1076-8971 • E-ISSN: 1939-1528 |
| Publisher | American Psychological Association (PUBLISHER • US) |
| DOI | 10.1037/1076-8971.12.1.1 |
| OpenAlex | W2024145799 |
| Language | EN |
| Citations received | 6 |
The ultimate aim of court-ordered divorce mediation is to produce settlement agreements. Once ratified by the court, these agreements are legally binding and extremely difficult to modify. Courts assume that everyone is adequately equipped to mediate and, with increasing frequency, order litigants into mediation. Nonetheless, commentators have acknowledged that at least occasionally, a party may be unable to proceed. Currently, no standard exists for determining when a party lacks sufficient understanding and ability to participate in mediation, yet the legally binding outcomes of mediation are too important to leave a determination of competence up to chance. In this article, the authors propose a new legal standard, with a basis in current law and policy, for competence to participate in mediation
Competence (human resources · Mediation · Political science · Conflict of Laws and Jurisdiction · Law · Psychology · Social Psychology
Social constructions of conflict and mediation as factors in mediation program decisions
Preparing Mediators to Mediate Cases Reporting High IPV in a Randomized Controlled Trial
Power asymmetry and early intervention in divorce
Abused Mothers’ Safety Concerns and Court Mediators’ Custody Recommendations
Secondary Victimization of Abused Mothers by Family Court Mediators
Detection of intimate partner violence and recommendation for joint family mediation
| Citations per year | 0.43 |
|---|---|
| Citation span | 2012 - 2023 (12) |
| Highly cited | No |