ILNews

New program to study mediation in custody disputes

Back to TopCommentsE-mailPrintBookmark and Share

A joint project between the University of Notre Dame Law School’s legal aid clinic and the College of Arts and Letters’ Center for Children and Families will examine the effectiveness of mediation in child custody disputes – specifically the success of educational programs required by the courts and whether the type of mediation used makes a difference.

Margaret Brinig, the law school’s associate dean for faculty research, is one of the project’s principal investigators. She said little follow-up research has been conducted about whether mediation works in custody disputes.
 
“We know how many cases go to court, but we don’t have any good measures on people’s satisfaction with how much they learned, or whether or not mediated agreements work better than litigated outcomes over the long run,” Brinig said.

The project will test the success of education about healthy ways of resolving conflict and whether success is impacted by who serves as mediators – student lawyers or a combination of lawyers and other professional students like psychologists or social workers.

“We’re dealing with custody disputes that are referred to us by the courts here in St. Joseph County,” Brinig said. “They’re either couples who are divorcing and can’t resolve custody themselves, or they’re paternity actions where the couple has never been married, perhaps never lived together.”

Parents will be randomly assigned to a control group or to a treatment group. The control group will complete the normal requirement: watching a film about the negative effects of parents fighting in front of their children and other issues in the post-separation parenting process. The treatment group will participate in a psycho-educational program about conflict management. Both groups will undergo mediation through the legal aid clinic’s mediation program.

Michael Jenuwine, clinical professor of law and co-principal investigator, leads the mediators – law students sometimes teamed with social work or psychology graduate students. Participants will respond to surveys at various points in the study and their responses will inform future studies.

The study is slated to begin August 1. The project is funded by a research grant from Notre Dame’s Strategic Academic Planning Committee. Co-sponsors include the College of Arts and Letters and the law school. The law students will receive credit through the applied mediation course.
 

ADVERTISEMENT

  • Good Luck - NOT
    This is another "feel good" solutions to a very terrible problem. The problem is that one parent and her/his lawyer will never give in while the mediator will always pressure the other to be the better man and give in until he has nothing. Not even visitation rights. The other problem is that mediators often are corrupt and are influenced by intimidation by one lawyer.

    Mediation assumes that both parties are reasonable, want the best for their children, and have some intelligence. It ignores the vengful vexation of a woman who hides behind the fails of womanhood while exploiting the other.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

ADVERTISEMENT