Child custody mediation and litigation: An experimental evaluation of the experience of parents.

In this study, 40 pairs of separated parents were randomly assigned to attempt to settle their child custody dispute either in mediation or through adversary procedures. Outcomes of the two methods of dispute resolution were compared in regard to diversions from court, parents' evaluations of the court experience, and parents' psychological adjustment. It was found that mediation successfully diverted a significant number of families from the child custody hearing and that settlements were reached more quickly in mediation than in litigation. Fathers clearly prefered mediation, but between-groups differences generally were not large for mothers. Some differences found for mothers indicated favorable effects of mediation, but the women who went through litigation felt that they had won more and lost less relative to the mothers in mediation. Mothers in litigation also tended to report fewer depressed feelings than did mothers in mediation or fathers in either group. The custody mediation seems to have created excess psychological satisfaction compared with litigation. However, most of the psychological benefits were experienced by fathers who were likely to lose court custody battles. (PsycINFO Database Record (c) 2010 APA, all rights reserved)