Child Custody Mediation and Litigation: Custody, Contact, and Coparenting 12 Years After Initial Dispute Resolution

Emery, Robert E., et al. . Journal of Consulting and Clinical Psychology, 69(2) 323-332, Jan. 1, 2001

Description of Study: Twelve-year follow-up to Charlottesville Mediation Project Study, that looked at the long-term effect of random assignment to mediation on family relationships, psychological adjustment of the parents, changes to agreements after settlement or case closure, and satisfaction over twelve years.

Method: Cases were randomly assigned to mediation or to traditional settlement. Examined court records for changes to agreements. Surveyed participants for family relationship and psychological adjustment information.

Comparative: Yes

Comparison Groups: Cases randomly assigned to mediation and cases assigned to traditional settlement

Sample Size: 27 mothers and 25 fathers who mediated, 25 mothers and 23 fathers who did not mediate

Variables Examined: Number of changes to agreements, family relationship dynamics, non-custodial parent’s involvement with the children, satisfaction

Program Variables: Mandatory mediation offered free to participants at the courthouse. Mediation was a combination of problem solving and therapeutic mediation.

Case types: Child Custody

Findings: Parents who mediated made more changes to their agreement over twelve years – 1.4 v 0.3. Party satisfaction remained higher for the mediation group after twelve years than for the non-mediation group, particularly among fathers, but satisfaction had declined for both groups. Mediation led to greater contact between non-residential parents and children (30% of mediation group parents saw children 1/week or more, compared to 9% for the non-mediation group; 39% of non-residential parents in the non-mediation group saw their children one time or less in the last year as compared to 15% of mediation parents). Non-residential parents in the mediation group were significantly more likely to discuss problems with residential parents, and were significantly more likely to be involved in childrearing decisions. No difference twelve years later in the mental health of children and parents. (See above for previous findings on settlement rates, time to case closure, and compliance).