Competence as an element of "mediation readiness"

This article introduces a specific standard to the mediation community with the idea of sparking debate that would lead to a commonly accepted standard for competence to participate in mediation for divorce. It delineates the broad contours of an assessment process using the proposed standard and ex...

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Bibliographic Details
Published in:Conflict resolution quarterly 2007-12, Vol.25 (2), p.255-278
Main Authors: Beck, Connie J. A., Frost, Lynda E.
Format: Article
Language:English
Subjects:
Decision making
DISPUTE RESOLUTION
Dispute resolution (Law)
DIVORCE
Divorce mediation
Evaluation
Fairness
Judicial process
Jurisdiction
Justice
Male-female relationships
MEDIATION
Preparedness
Psychology
Regulation
Studies
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Summary:This article introduces a specific standard to the mediation community with the idea of sparking debate that would lead to a commonly accepted standard for competence to participate in mediation for divorce. It delineates the broad contours of an assessment process using the proposed standard and examines practical implications and next steps for mediators related to the establishment of a common standard. It then describes how the proposed standard could be incorporated in mediation trainings, model rules, and state statutes and regulations, leading to more uniform and equitable decisions and increasing the procedural fairness of divorce mediations within and across jurisdictions.
ISSN:1536-5581
1541-1508
DOI:10.1002/crq.207