NCJ Number
133238
Journal
Mediation Quarterly Volume: 9 Issue: 1 Dated: (Fall 1991) Pages: 3-20
Date Published
1991
Length
18 pages
Annotation
A critical framework is constructed consisting of procedural and substantive fairness factors related to divorce and family mediation.
Abstract
The framework consists of six external objectives factors including simple success at reaching an agreement, compliance with the agreement, cost of the agreement, the efficiency through which the agreement is reached, access to justice presented to the disputants, and the stability of the agreement over time. The four internal or subjective factors of fairness which are discussed include others' needs, relational development, satisfaction with the agreement, and the psychological effects of the agreement. This critical framework can be used to guide research, evaluation, and general judgments of fairness for all parties involved with mediation. However, the factors discussed here are most important for mediators who are responsible for ensuring a fair process and agreement. 47 references