Aims, separation and attitudinal factors in mediation: An exploratory investigation
type: CreativeWork
description: The general aim of this research was to explore issues regarding mediation in family law about which there appears to be uncertainty. Study I investigated: (a) what stakeholders (practitioners and separated spouses) believe the aims of mediation should be; (b) what they believe are the effects of the separation factors, that is, perceived mutuality (whether the decision to separate was made by one or both spouses), perceived status (whether spouses view themselves as Ieavers, lefts or neither), and the attribution and strength of blaming someone for the decision to separate on attitudes towards engaging in mediation; and (c) stakeholders' views of the importance of the attitudinal factors (i.e. hope, expectation and commitment) for reaching agreement. The attitudinal factors were derived from Janis and Mann's (1977) theory of decision making. Study 2 investigated the operation of the separation and attitudinal factors in separated spouses attending mediation and the influence of specific biographical variables on these factors. The biographical variables were duration of separation, duration of marriage, gender and referral type. In Study I, 67 stakeholders (42 practitioners and 25 separated spouses) were of the opinion that spouses learning techniques to be able to resolve future disagreements should be the most important aim of the four aims of mediation suggested to them. Currently, the Family Law Act 1975 does not recognise this aim, though the finding is consistent with contemporary views of what the aim of mediation should be. Stakeholders also agreed that the separation factors substantially affect attitudes towards engagement in mediation and that the attitudinal factors are very important for reaching agreement. These findings are consistent with theories that suggest the separation factors influence engagement in mediation (Brown, 1985; Emery, 1994) and that the attitudinal factors are important for reaching agreement (Weitzman & Weitzman, 2000). In Study …
abstract: The general aim of this research was to explore issues regarding mediation in family law about which there appears to be uncertainty. Study I investigated: (a) what stakeholders (practitioners and separated spouses) believe the aims of mediation should be; (b) what they believe are the effects of the separation factors, that is, perceived mutuality (whether the decision to separate was made by one or both spouses), perceived status (whether spouses view themselves as Ieavers, lefts or neither), and the attribution and strength of blaming someone for the decision to separate on attitudes towards engaging in mediation; and (c) stakeholders' views of the importance of the attitudinal factors (i.e. hope, expectation and commitment) for reaching agreement. The attitudinal factors were derived from Janis and Mann's (1977) theory of decision making. Study 2 investigated the operation of the separation and attitudinal factors in separated spouses attending mediation and the influence of specific biographical variables on these factors. The biographical variables were duration of separation, duration of marriage, gender and referral type. In Study I, 67 stakeholders (42 practitioners and 25 separated spouses) were of the opinion that spouses learning techniques to be able to resolve future disagreements should be the most important aim of the four aims of mediation suggested to them. Currently, the Family Law Act 1975 does not recognise this aim, though the finding is consistent with contemporary views of what the aim of mediation should be. Stakeholders also agreed that the separation factors substantially affect attitudes towards engagement in mediation and that the attitudinal factors are very important for reaching agreement. These findings are consistent with theories that suggest the separation factors influence engagement in mediation (Brown, 1985; Emery, 1994) and that the attitudinal factors are important for reaching agreement (Weitzman & Weitzman, 2000). In Study …
author: Menaglio, Darryl Frank
keywords: Family mediation, Australia, Separation, Psychology., Medicine and Health Sciences, Psychiatry and Psychology
date published: 2003-01-01T08:00:00Z
date modified: 2026-07-27T19:21:56Z
provider: Edith Cowan University
publisher: Networked Digital Library of Theses and Dissertations
type: WebPage
source organization: Edith Cowan University, Research Online, Perth, Western Australia