Mediation in custody disputes

This article summarizes the results of an evaluation of mediation services in three court-based programs. Among the issues considered are client evaluations of the mediation experience and their assessments of immediate and long-term effects. Two comparison groups are utilized: parents who contested custody without the offer of court-based mediation and parents who divorced but did not contest custody. Results of the research indicate that mediation provides a valuable compliment to the existing domestic relations court processes. Mediation enjoys high user satisfaction and helps promote compliance with the agreement, a sense of equity, and continued cooperation. Thus, while the expectations of the process should not be overstated, it appears that even a brief mediation with a troubled population can produce modest but positive benefits.     

The child's preference in Michigan custody disputes

Abstract

The provision in Michigan's law which requires the court to consider the preference of the child in the resolution of custody disputes is discussed. Problems have been encountered in the implementation of this provision. The need for participation by behavioral scientists in the process of determining and evaluating the child's preference is suggested.     

Sexual abuse allegations in divorce and custody disputes

Child sexual abuse allegations arising during divorce and custody conflicts are complicated and difficult. Most professionals believe that the highest percentage of false allegations occurs in this circumstance, but there is disagreement over just how many of these allegations are false. In evaluating cases of suspected sexual abuse, the professional must remain open and objective, carefully examine each case, and take an empirical stance. Assessment and evaluation must be done with rigorous adherence to the highest standards of the profession, and professionals must attend to the characteristics of real versus false allegations. They must not immediately dismiss an allegation as false because the parents are in the midst of a divorce but must also guard against presuming guilt and aligning themselves with the reporting parent's agenda.     

A model for evaluation in child custody disputes

Abstract

Over one million children in the United States were involved in child custody decisions in the past year (Glick, 1979). Mental health professionals have been increasingly employed in such decisions. In this paper, we will delineate a model for clinicians to use in evaluating the family with respect to custody and will describe the values which guide our methods and recommendations.     

Impasse-directed mediation with high conflict families in custody disputes

In this article we review current mediation models for resolving custody and visitation disputes and their success rates and identify the characteristics of a subpopulation with poor outcome: those parents who are in high conflict, ambivalent about separation, emotionally distressed, and limited in their capacity to protect their children. Based on an understanding of what creates impasses, and how children are affected, we present a new model of mediation for this subpopulation. Preliminary outcome data using this model with 80 families is reported. Implications for establishing a network of services for divorcing families are discussed.     

Child custody disputes: A review of legal and clinical resolution methods

This paper reviews existing practices from the mental health, marriage and family therapy, and legal professions which offer alternatives to traditional adversarial custody resolution methods. Based upon suggestions from legal and mental health professionals, the authors advocate allocating state resources for interprofessional family courts which would provide custody counseling, mediation, evaluation, and consultation as alternatives to adversarial methods.     

Psychological tests used in child custody evaluations

Controversy has long surrounded the use of psychological testing in child custody evaluations. The present study explored the current status of psychological testing in these evaluations using a national survey of 198 psychologists. Findings revealed that participants viewed testing as one source among many for data collection, neither under- nor over-valuing its importance. Results also indicated that participants were more discriminating in their test selection, with a greater focus on objective assessment, particularly in the use of parent inventories and rating scales. These findings tend to negate much of the past criticism and reflect closer adherence to APA guidelines.     

Integrative family therapy for high-conflict divorce with disputes over child custody and visitation

A growing number of divorcing families become locked in intractable disputes over child custody and visitation. This article describes an integrative family therapy approach targeted toward such families. Aspects of this treatment include negotiating a clear therapy contract, creating a multipartial alliance with all parties, assessing through the lens of specific understandings about these cases, incorporating multiple therapy session formats, holding both systemic and individual focused perspectives, incorporating a solution-oriented focus, and drawing upon a wide range of intervention techniques. The treatment aims to create a good-enough postdivorce climate in which a new family structure can be constituted in which parents maintain distance from one another, and conflict and triangulation can be minimized.     

The effects of divorce and custody arrangements on children's behaviour, development and adjustment

A group of experts from developmental and clinical psychology, sociology,social welfare, and law met at a conference centre in Middleburg, Virginiaon December 1-4, 1994, under the sponsorship of the U.S. National Instituteof Child Health and Human Development. The group's mandate was to evaluateexisting knowledge regarding the ways in which children are affected bydivorce and the varying custody arrangements that follow it. Many of thediscussions also addressed the ways in which the adverse effects of divorcemight be ameliorated by changes in policy or practice. This documentrepresents a statement co-signed by most of the participants summarizingareas of agreement regarding the current status of knowledge in this areaand outlining topics in need of further research. The report is designed toguide various legislatures, the judiciary, the bar, and the various mentalhealth professionals who are involved in counselling or educating familiesexperiencing separation or divorce, as well as those who mediate oradjudicate the disputes regarding the custody of minor children. Thepreliminary draft of this consensus document was prepared by Michael E. Lamband Kathleen J. Sternberg following the three-day conference, withadditional redrafting by Ross A. Thompson. The draft was reviewed andrevised by the other participants over the ensuing months. This report,revised in accordance with the participants' comments, is a product of this process.     

Fathers with joint physical custody of young children: A preliminary look

Abstract

Fathers with joint physical custody of children under age 6 report that this custody arrangement is of great benefit to the children, especially in circumstances where mothers have initiated the divorce and have sought less childcare responsibility. Joint physical custody fathers are highly available and provide closeness as the sole parent in charge. However, they also experience role overload and household management problems, and continue to feel hostility toward their former wives who have cut back on family responsibilities.     

Psychological essentialism in children

Psychological essentialism is the idea that certain categories, such as "lion" or "female", have an underlying reality that cannot be observed directly. Where does this idea come from? This article reviews recent evidence suggesting that psychological essentialism is an early cognitive bias. Young children look beyond the obvious in many converging ways: when learning words, generalizing knowledge to new category members, reasoning about the insides of things, contemplating the role of nature versus nurture, and constructing causal explanations. These findings argue against the standard view of children as concrete thinkers, instead claiming that children have an early tendency to search for hidden, non-obvious features.     

Psychological effects of running loss on consistent runners

This study examined the psychological effects of running loss upon consistent runners. We compared a group of 30 "Prevented Runners" who were unable to run for at least two weeks with a group of 30 "Continuing Runners" who ran without interruption on the Profile of Mood States (POMS), Rosenberg Self-esteem Scale, Zung Depression Scale, and a Running Information questionnaire. We found that Prevented Runners displayed significantly greater symptoms of psychological distress, including depression, anxiety, confusion, over-all mood disturbance, and lower self-esteem than did Continuing Runners. Deprivation of running may result in withdrawal symptoms of psychological distress for consistent runners who rely on running as a coping strategy for stress reduction and who feel dependent upon the psychological reinforcements of running.     

Psychological effects of thought acceleration

Six experiments found that manipulations that increase thought speed also yield positive affect. These experiments varied in both the methods used for accelerating thought (i.e., instructions to brainstorm freely, exposure to multiple ideas, encouragement to plagiarize others' ideas, performance of easy cognitive tasks, narration of a silent video in fast-forward, and experimentally controlled reading speed) and the contents of the thoughts that were induced (from thoughts about money-making schemes to thoughts of five-letter words). The results suggested that effects of thought speed on mood are partially rooted in the subjective experience of thought speed. The results also suggested that these effects can be attributed to the joy-enhancing effects of fast thinking (rather than only to the joy-killing effects of slow thinking). This work is inspired by observations of a link between "racing thoughts" and euphoria in cases of clinical mania, and potential implications of that observed link are discussed.     

A family system perspective on custody and adoption

This paper will define the conceptual models of an internalized family image and an external psychological family as derived from psychoanalytic and family therapy studies, and relate these models to several issues impinging on custody, adoption, and foster care. Several suggestions based on these models and illustrated by clinical material will be presented which, if applied by families, and mental health, social, and legal authorities, can facilitate the creation of a psychological family, or at least an ambiance imbued with the concepts of a psychological family, for use in the construction of a family image by unrooted children.Dr. Sonne is Clinical Professor of Psychiatry and Human Behavior, Jefferson Medical College; Visiting Clinical Professor of Psychiatry, Hahnemann Medical College; Emeritus Director Clinical School, Family Institute of Philadelphia; Senior Attending, Institute of the Pennsylvania Hospital.     

The positive and negative effects of anger on dispute resolution: evidence from electronically mediated disputes

Scholars have argued that anger expressed by participants in mediation is counterproductive; yet, there is also reason to believe that expressions of anger can be productive. The authors tested these competing theories of emotion by using data from online mediation. Results show that expression of anger lowers the resolution rate in mediation and that this effect occurs in part because expressing anger generates an angry response by the other party. However, when respondents are especially vulnerable, expressions of anger by the filer do not hinder settlement. The authors also examined precursors to anger, such as value of dispute and reputation, and the degree to which a focus on dispute resolution is reciprocated.     

Psychological studies of children who have cancer

Increasingly, more optimistic prognoses for children who have cancer have led investigators to study the adjustment reactions of children who survive this traumatic experience. There is considerable evidence that the experience of having cancer, receiving prolonged and often painful treatment, and the uncertain condition of cancer survivorship have profound emotional effects on children. The characteristic features of the psychological impact of cancer are the experience of continuing uncertainty in a life-threatening crisis and the resultant search for meaning. Studies are beginning to find that even very young children actively struggle to organize and make sence of this experience.     

Psychological effects on college students of raising the drinking age

The current policy of raising the drinking age seems likely to have psychological costs for adolescents, including deterioration of their relationship with adult society. Colleges are likely to be the sites of heightened adolescent discontent because so many undergraduates are affected by the change in law. College administrators have the opportunity to reduce some of the psychological effects and ensure that adolescent discontent is channeled into developmentally enhancing activities.