A Randomized Controlled Trial of Child-Informed Mediation
Robin H. Ballard, Amy Holtzworth-Munroe, Amy G. Applegate, Brian M. D’Onofrio, and John E. Bates
Indiana University Bloomington
With over 1 million children in the United States affected by parental divorce or separation each year,
there is interest in interventions to mitigate the potential negative consequences of divorce on children.
Family mediation has been widely heralded as a better solution than litigation; however, mediation does
not work for all families. One proposed improvement involves bringing the child’s perspective to
mediation, to motivate parents to create better agreements. In this randomized controlled trial, we
compared new child-informed forms of mediation against a mediation-as-usual (MAU) control condition.
In child-focused (CF) mediation, parents are presented with general information about children and
divorce; in child-inclusive (CI) mediation, the child(ren) are interviewed and parents are provided with
feedback about their specific case. Given the similar focus and goals of CF and CI, main study analyses
compared a combined CF and CI group (n 47) to 22 MAU cases. The CF and CI interventions had
a positive effect on mediation outcomes relative to MAU (e.g., parents were more likely to report learning
something useful, and mediators wanted their cases to be CF and CI). Cases in CF and CI reached
comparable rates of agreement as cases in MAU, but CF and CI agreements included more parenting time
for nonresidential parents, and were more likely to include provisions for coparental communication and
provisions assumed to be better for child outcomes. Study results are encouraging and should provide
support for wider program evaluation efforts to continue refining the CI and CF interventions.
Keywords: divorce, divorce mediation, child-focused mediation, child-inclusive mediation, randomized
controlled trial
Supplemental materials: http://dx.doi.org/10.1037/a0033274.supp
In the United States, by age 10, nearly 30% of children will
experience the divorce of their married parents, and roughly 65%
of children whose parents are cohabiting will experience the sep-
aration of their parents (Manning, Smock, & Majumdar, 2004).
Divorce and parental separation
1
are risk factors for children
across a wide variety of outcomes. Meta-analyses have shown that
children whose parents have divorced are more likely than children
of continuously married parents to have externalizing problems,
internalizing problems, and academic difficulties (Amato, 2000,
2010). These children also experience greater relationship insta-
bility themselves as adults (Amato, 2000, 2010). Child psycholog-
ical adjustment after divorce is affected by many factors, including
the child’s preexisting vulnerabilities, family structure and transi-
tions, and financial troubles. Parental stress and psychological
difficulties, as well as new family processes (e.g., parental conflict,
changing relationships between parents and children, parents’ re-
marriages and repartnering) also affect child adjustment (Hether-
ington, Bridges, & Insabella, 1998). Children adjust better to
divorce when the level of ongoing conflict between parents is kept
low, competent parenting from both parents is maintained, other
important relationships with friends and family continue uninter-
rupted, and the reorganized family is economically viable (Kelly &
Emery, 2003). Interparental conflict, in particular, may be the key
determinant of poor child outcomes after divorce (Lansford, 2009).
Thus, there is interest in interventions that buffer children from the
negative effects of divorce and separation.
For decades, family court professionals have been concerned
that the process of divorce litigation can exacerbate conflict be-
tween parents and spur parents to focus on their rights rather than
their children’s needs (Carbonneau, 1986). Alternative dispute
resolution methods are now often employed instead (Emery, Otto,
& O’Donohue, 2005). A widely used alternative to litigation is
mediation, in which parents work with a neutral, third-party me-
diator to negotiate details of parenting arrangements with each
other (Milne, Folberg, & Salem, 2004).
Unfortunately, little methodologically sound research has been
done on the effectiveness of mediation. Indeed, in a recent “meta-
analysis” of studies comparing mediation to litigation (Shaw,
2010), only five studies were included. Based on this very limited
research, the meta-analysis result was a small-to-medium effect
1
For the sake of brevity, we will use the term divorce to refer to both
divorce and the separation of never married parents.
Robin H. Ballard and Amy Holtzworth-Munroe, Department of Psycho-
logical and Brain Sciences, Indiana University Bloomington; Amy G.
Applegate, Maurer School of Law, Indiana University Bloomington; and
Brian M. D’Onofrio and John E. Bates, Department of Psychological and
Brain Sciences, Indiana University Bloomington.
Supported by a Scholarship of Teaching and Learning Grant, Indiana
University. We thank Jennifer McIntosh for consulting on this study;
Brittany Rudd, Fernanda Rossi, and John Putz for their contributions to the
research project; and our research assistants and the student mediators and
child consultants who participated in the project.
Correspondence concerning this article should be addressed to Robin
H. Ballard, Department of Psychological and Brain Sciences, Indiana
University Bloomington, 1101 East 10th Street, Bloomington, IN
47405. E-mail: [email protected]
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Psychology, Public Policy, and Law © 2013 American Psychological Association
2013, Vol. 19, No. 3, 271–281 1076-8971/13/$12.00 DOI: 10.1037/a0033274
271
size in favor of mediation in the domains of parent satisfaction
with the process and outcome, parental understanding of children’s
needs, and a better coparental relationship. Only a single published
study has involved random assignment to mediation versus litiga-
tion for families in contested custody cases (Emery & Wyer,
1987). In that study of 71 families, fathers who mediated were
more satisfied than fathers who litigated. Mediated cases also
settled more quickly and were more likely to have joint legal
custody arrangements. In a 12-year follow-up (Emery, Laumann-
Billings, Waldron, Sbarra, & Dillon, 2001), relative to litigating
families, the nonresidential parent in mediation families had in-
creased contact with the child and increased involvement in
decision-making. Overall, although the limited data suggest me-
diation may be useful, it is also recognized that improving the
process of mediation may create better outcomes for children
(Emery, Sbarra, & Grover, 2005).
Recently, two related interventions, designed to improve medi-
ation outcomes for children, have been introduced in Australia:
child-focused (CF) mediation and child-inclusive (CI) mediation
(McIntosh, 2000; McIntosh, Wells, Smyth, & Long, 2008). Given
their shared goals and focus, together, we have labeled CI and CF
as child-informed mediation (Holtzworth-Munroe, Applegate,
D’Onofrio, & Bates, 2010). Child-informed mediation approaches
are designed to promote protective factors by motivating parents to
consider the perspective of their children during mediation. This
process ideally leads parents to reduce conflict, make more devel-
opmentally appropriate arrangements for their children, be more
available emotionally, and keep children out of parental disagree-
ments (McIntosh, 2007). As originally designed by McIntosh, CF
was delivered by a trained mediator who gave parents general
information about the effects of divorce and parental conflict on
children, while helping parents to consider how it applied to their
own children. CI was delivered by a mental health professional,
called a child consultant, who directly interviewed the children and
then shared information from that interview with the parents.
2
Child consultants communicated many of the same messages that
were found in parent education programs for divorcing parents
(Fackrell, Hawkins, & Kay, 2011), but did so using a more
customized and interactive presentation.
CI and CF were compared by McIntosh et al. (2008). In a study
of 181 Australian families, for the first six months all families
received CF, and in the next six months all families received CI.
Some families were screened out of the study if a parent did not
possess “adequate ego maturity. . . (demonstrated intent to better
manage the dispute, ability to perceive their children as having
needs of their own, and, with support, willingness to consider
children’s views within the mediation)” (McIntosh et al., 2008,p.
108). One year postintervention, families in both conditions experienced
improvements in family functioning (e.g., lower interparental conflict).
Families receiving CI experienced additional benefits, relative to
families in CF, such as higher levels of child-reported closeness to
father, better motherchild relationships, and greater parental
satisfaction with arrangements (McIntosh et al., 2008). A 4-year
follow-up demonstrated continuing benefits (McIntosh, Long, &
Wells, 2009). Only 10% of families in the study reported no
contact between the nonresidential parent and the children, much
lower than Australia’s national average (at 28%). Parents in CF
and CI reported lowered levels of acrimony and conflict, as well as
higher levels of satisfaction with parenting arrangements. The CI
cases were also less likely to have had any legal actions regarding
parenting and custody since mediation, and children in the CI
group reported perceiving less interparental conflict and feeling
less “caught in the middle” of their parents’ disagreements.
These findings are very promising, but the McIntosh study had
important methodological limitations (Holtzworth-Munroe et al.,
2010). One is the lack of a mediation-as-usual (MAU) control
group. If CF and CI do not show benefits relative to MAU, it is not
cost-justified to put families through the extra time and expense or
the involvement of an additional professional required in CF and
CI. Also, it is not clear that CF or CI interventions will generalize
to the United States from Australia, given differences in the
cultures and the legal systems. Another important methodological
limitation of the McIntosh study was the fact that participants who
agreed to be in the study were not randomly assigned to condition.
Also, the CF intervention was delivered by the mediators while the
CI intervention was delivered by a specialized child consultant.
Thus, differences between the conditions might be attributable to
the addition of a child consultant rather than the intervention
content per se.
Current Study
In the present study, our major interest was comparing child-
informed mediation approaches (CI and CF) to MAU in the United
States to examine the impact of adding an explicit focus on the
child to the mediation process. In doing so, we also explored
possible differences between CI and CF. Thus, the current study
was a randomized controlled trial of child-informed mediation
approaches relative to MAU. Of critical importance, families were
randomly assigned to a mediation condition.
The methodology of the current study also deviated from that of
McIntosh et al. (2008) by having child consultants (not mediators)
present parent feedback in both the CF and the CI conditions, for
several reasons. First, by having child consultants deliver infor-
mation to parents in both CF and CI, the interventions were similar
in terms of the amount of professional attention parents received.
Also, having child consultants give parents feedback drew a
clearer role distinction between mediators and child consultants.
Mediator neutrality has been widely seen as an indispensable
component of mediation (Taylor, 1997), and some have raised
concerns about possible conflicts of interests if mediators step
outside of a neutral role to take the position of the child during the
mediation (Simpson, 1989). Unlike McIntosh et al. (2008),wedid
not screen out cases of the study based on the parents’ level of
reflective capacity, because we were interested in testing the
effectiveness of differing forms of mediation among all parties
seeking mediation. Also, most of the interventions were provided
by students in the context of university training clinics.
The current study focused on the immediate outcomes of the
differing mediation interventions: parent perceptions, mediator
perceptions, and the content of agreements reached in mediation.
We hypothesized that, relative to parents in the MAU condition,
parents in the child-informed (CI and CF) interventions would be
more satisfied with their mediation process and agreements; they
2
The child consultant role in child-informed mediation may be viewed
as being similar to the child specialist role in collaborative family law
(Webb, 2008).
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272
BALLARD ET AL.
would also be more likely to report that they learned something
from mediation and that focusing on their children was helpful. We
hypothesized that mediators in child-informed mediation (CF and
CI) would be satisfied with the parent feedback and mediation,
continue to use any information raised in the parent feedback
during the mediation, and prefer CF and CI to MAU. We hypoth-
esized that child-informed mediation (CF and CI) cases would be
more likely to reach agreements than MAU cases. For families
reaching agreement, we hypothesized that, relative to MAU cases,
agreements reached after CF and CI feedback would be more
likely to specify joint legal or physical custody and to schedule
more parenting time with the nonresidential parent. Additionally,
we hypothesized that CF and CI agreements would be more likely
to address coparental communication and conflict, include refer-
rals to counseling and provisions for safety, and be rated as better
serving the needs of the children.
Method
Participants
Families in mediation. Participants were parents who were
mediating initial divorces (if married) or separations (if unmarried)
or modifications of previous agreements through the Indiana Uni-
versity Maurer School of Law Viola J. Taliaferro Family and
Children Mediation Clinic (hereinafter the Clinic). Parents were
referred to the Clinic by judges from two south-central Indiana
counties. The Clinic generally serves low-income families in need
of pro bono legal services. If parents had children ages 5–17 years,
those children also participated in the study. See Figure 1 for an
enrollment flow diagram in accordance with the CONSORT 2010
Statement (Schulz, Altman, & Moher, 2010). Sixty-nine cases
were included in the study analyses.
Mediators and child consultants. Over the course of the
study, 43 mediators (42 law students and one faculty, the Clinic
director) provided mediation services. Each mediator mediated an
average of 2.88 study cases (SD 2.08). Also, 14 child consul-
tants (12 graduate students and two faculty members from the
Indiana University Department of Psychological and Brain Sci-
ences) were involved in the study. Each child consultant provided
CI or CF parent feedback to an average of 6.29 cases (SD 4.36).
All mediators completed a 40-hr mediator training course and
were registered as domestic relations mediators in the State of
Indiana. They then continued in a clinical law course, under the
supervision of the Clinic director. Cases were generally mediated
by two law student mediators, one who had been practicing as a
mediator for at least one semester and one who was in his or her
first semester of mediating. In CF and CI cases, one or two child
consultants joined the mediators for approximately the first hour to
talk with the parents. Graduate student child consultants were
initially trained through workshops and were then enrolled in an
ongoing clinical practicum course to obtain further training and
supervision.
Measures
Parent outcomes form. At the conclusion of mediation, each
parent reported on his or her experience in mediation. Five satis-
faction items (i.e., satisfaction with the process, the mediators, the
child consultants, and with the agreement reached or with reaching
no agreement) were assessed on 7-point Likert scales, ranging
from 1 (not at all satisfied)to7(very satisfied). Parents also
reported whether they learned anything in mediation and whether
the other parent learned anything in mediation. Finally, parents
were presented with a list of possible benefits of mediation, and
were asked to check all of the aspects of mediation that had been
helpful. This list of possible benefits is given in the Results
section.
Mediator outcomes form. At the conclusion of mediation,
mediators completed postmediation reports that were deidentified
and used for research purposes only (i.e., they did not affect
grading for any students). These items were answered on a 1–5
Likert scale, ranging from very unsatisfied to very satisfied. Me-
diators also reported on whether the child consultants’ information
about the children continued to be discussed during the mediation,
with ratings from 1 (not at all)to5(very often). Mediators also
answered the question “How well did you think the assigned
condition (CI, CF, or MAU) worked for this case?” on a 3-point
scale of very well, neutral,ornot well. Finally, mediators reported
whether the parents expressed concerns about mediator impartial-
ity, answered as a yes or no question.
Mediation results (Was an agreement reached?). The re-
sults of the mediation were coded from a document in the medi-
ation case files on which the mediator reports the outcome of the
mediation to the court. It was possible for parties to reach a full
agreement (e.g., settle all issues they had wanted to discuss), a
partial agreement (e.g., settle some of the issues they had wanted
to discuss but return to court to settle the rest), or no agreement
(e.g., settle none of the issues in their mediation and instead return
to court).
Content of mediation agreements. For parties reaching ei-
ther full or partial agreement, their mediation agreements were
coded for content, adapting a coding system previously developed
for use at this Clinic (Putz, Ballard, Arany, Applegate, &
Holtzworth-Munroe, 2012). Agreements were coded for informa-
tion, including legal and physical custody, parenting time, and
child support. Coparent communication, including aspirational
language about coparental communication (such as “parents agree
to maintain a business-like relationship”), was also coded. In
addition, referrals to counseling and provisions for child safety
were coded. Some miscellaneous provisions were coded (e.g.,
agreement to return to mediation in the future, addressing new
partners, aspirational language about parent– child relationships).
Agreements were also rated on “global” codes. One global code
assessed levels of child-related rationales stated in the entire agree-
ment (e.g., “for [child’s] benefit we agree to develop a consistent
routine and communicate with child at an age appropriate level”).
Another global code assessed the likelihood of the agreement,
taken as a whole, facilitating a positive coparenting relationship
(e.g., provisions for communication such as “parents agree to
exchange important information about [child] once per week by
phone”). A final global code assessed the likelihood of the entire
agreement facilitating child adjustment (e.g., keeping conflict low,
parents “taking it slow” with new romantic partners, young chil-
dren seeing both parents frequently).
The coding system included codes that captured whether an
issue was addressed (e.g., Did the agreement address legal cus-
tody?). These items were coded for all mediation agreements. If
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273
CHILD-INFORMED MEDIATION
the agreement did address a topic, then agreements were coded for
further detail in a manner appropriate for that question (e.g., for
parties who specified legal custody in the agreement, the coder
went on to code how they did so—joint legal custody, sole legal
custody, or some other arrangement). The specific arrangements
could only be coded if the parties had addressed the topic in the
agreement.
3
From the 69 cases in the study, 57 agreements were available for
content coding (45 full agreements and 12 partial agreements). All
agreements were coded by a trained law student mediator or a psy-
chology graduate student. For purposes of determining reliability, 20
agreements were coded by both coders.
4
Across codes with categor-
ical data (e.g., Who gets legal custody?), the average kappa was 0.89
(range: 0.64 –1.00) and the average percent agreement was 97%
(range: 80 –100%). Across all codes with continuous data (e.g., How
much child support was paid?), the average intraclass correlation was
0.90 (range: 0.56 –1.00). For the agreements coded by both coders,
disagreements were settled by consensus of the coders.
Individual demographics. Each parent completed a basic
demographics form, reporting age, ethnicity and race, education,
employment, yearly income, and number of divorces.
3
The coding system is available from the authors (holtzwor@
indiana.edu).
4
Reliability data for all codes are available from the authors
Referred to Clinic (n = 251
cases) between October 2009
and April 2012
Declined to parcipate (n = 87 cases with reason for decline)
• Case had children 5-17 (n = 63)
24 cases, parent didn’t want to do anything extra
12 cases, reason unknown
4 cases, child already had a therapist
22 cases, parent did not want to involve children
1 case, parent thought child would refuse
• Case had children 0-4 (n = 21)
15 cases, parent didn’t want to do anything extra
4 cases, reason unknown
2 cases, parent didn’t think study would help
• Case had children of unknown ages (n = 3)
2 cases, parent didn’t want to do anything extra
1 case, reason unknown
Randomized (n = 76)
• Case had children 5-17 (n = 35)
• Case had children 0-4 (n = 41)
Assigned to CI (n =14)
• Case had children 5-17 (n = 14)
• Case had children 0-4 (n = 0)
Parcipated (n = 13)
Withdrew (n = 1; case no
showed for mediaon and
couldn’t be contacted)
Assigned to CF (n = 35)
• Case had children 5-17 (n = 9)
• Case had children 0-4 (n = 26)
Parcipated (n = 34)
Withdrew (n = 1; parents no
showed for mediaon)
Assigned to MAU (n = 27)
• Case had children 5-17 (n = 12)
• Case had children 0-4 (n =15)
Parcipated (n = 23)
Withdrew (n = 4; 2 cases no-
showed and couldn’t be
contacted; 1 case deemed not
appropriate for mediaon aer
intake; 1 case parents reconciled
prior to mediaon)
Analyzed (n = 13) Analyzed (n = 34) Analyzed (n = 22)
• Excluded from analysis:
grandmother vs. mother (n = 1)
Excluded for not meeng inclusion criteria (n = 88 cases)
• Mediators refused to mediate due to violence/abuse (n = 14)
• One or both pares did not appear for intake (n = 21)
• Children in case were over age 18 (n = 10)
• Mediaon canceled prior to intake (n = 15)
• Pares in case had no children together (n = 10)
• Pares reconciled prior to intake (n = 4)
• Children in case lived more than 1 hour away (n = 7)
• Scheduling difficules precluded study parcipaon (n = 4)
• Parent pares in case were minors (n = 1)
• Case was a terminaon of parental rights, not a divorce or
separaon (n = 1)
• Case was an adopon, not a divorce or separaon (n = 1)
Figure 1. Enrollment flow diagram.
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274
BALLARD ET AL.
Family characteristics. Each parent completed a question-
naire about their past and current family structure, including length
of time in their relationship with the other parent, number and ages
of children, and presence of a new partner.
Case characteristics. Data were gathered from the case file to
determine whether the case was a divorce case (parents had been
married) or a paternity case (parents were never married). In divorce
cases, it was also noted whether the case was an initial dissolution
(creating arrangements so the divorce could be granted) or a modifi-
cation of dissolution (returning to mediation after divorce in order to
modify arrangements made at the time of the divorce).
Procedures
Intake day. Parties attended an intake appointment approxi-
mately two weeks before their mediation. Each parent had been
mailed a description of the study and consent form prior to intake.
Rarely, cases referred to the Clinic were found to be ineligible to
mediate if there was a conflict of interest (e.g., a party had received
legal services from another clinic or person affiliated with the law
school) or if the parties had a history of severe intimate partner
violence. If the case was deemed by mediators to be eligible for
mediation and if the case fit inclusion criteria for the research
study, each parent was approached individually by a child consul-
tant to be invited to participate in the study. See Figure 1 for
various reasons that cases were not included in the study.
If both parents independently consented to study participation, the
case was randomly assigned to an intervention condition based on
the age(s) of the child(ren). If the case involved any children between
the ages of 5 and 17 years, the parents were eligible to be assigned to
all three study conditions—CI, CF, or MAU—with a case having a
one-third chance of being assigned to each condition. Parents with
younger children only (age range: 0 4 years) were eligible for only
CF or MAU, because children under the age 5 may have had diffi-
culties completing child interviews and thus could not participate in
CI. For parents with younger children, the CF condition was more
heavily weighted in the randomization such that they had a two-thirds
chance of assignment to CF and a one-third chance of assignment to
MAU; this was done to enhance training opportunities for the grad-
uate student child consultants. Mediators and child consultants were
assigned to cases in advance of the intake, based on schedule avail-
ability, and were therefore only in the study themselves if the parties
in the case agreed to study participation.
After being assigned to a mediation condition, each parent sepa-
rately completed a research assessment and was compensated $35. If
the case was assigned to CI, the child consultant also conducted a 20-
to 30-min developmental history with each parent, separately, to
gather information to prepare for the child interview. The develop-
mental history focused on each child’s development, understanding of
the separation, and strengths and difficulties. In both CF and CI cases,
child consultants met with mediators to discuss the case and review
the case file that provided a history of the dispute.
Child interviews. In CI cases, the children (age range: 5–17
years) participated in a child interview, which took place between
intake and mediation, and was held at the psychology department.
These interviews took approximately one hour, and were com-
pleted by child consultants. Children assented to the child inter-
view, were informed that the child consultant would make sure that
the child agreed to what information the consultant would share
with their parents, and were compensated with a $10 gift card. The
child interview was designed to assess the child’s experience of the
parents’ separation and to gather information in a manner that was
therapeutic to the child (McIntosh et al., 2008). Depending on the
age and comfort level of the child, the child interview included
verbal questions, playing with dolls and doll houses, drawings,
completion of story stems, and use of other interactive materials as
appropriate for the case. The sessions were video recorded to
facilitate supervision of the child consultant and case preparation,
but the video recording was never shown to parents or mediators.
The parent who brought a child in for an interview was compen-
sated $20.
Parent feedback and mediation. Parents returned to the
Clinic for their mediation session. In MAU cases, the child con-
sultant was not present, and the parents and mediators immediately
began the negotiation phase of mediation. In CF or CI mediation,
the session began with the child consultants providing parent
feedback. Usually, at least part of the parent feedback was con-
ducted with the parents in the same room, followed by individual
meetings with each parent. Parent feedback averaged 1.35 hours
(SD 0.44) in CF and 1.46 hours (SD 0.40) in CI; these times
did not differ significantly, F(1, 45) 0.61, p .44.
Parent feedback generally consisted of the following stages.
First, child consultants reminded parents of their role in the process
(e.g., to provide helpful information about children and divorce).
Then the child consultant engaged the parents in a discussion to
“bring the child into the room.” For example, in CF cases, this
might involve looking at pictures of the child and asking parents to
describe their child and their future hopes for their child. In CI
cases, the child consultant gave an overview of the child interview
that had been conducted. Next, the child consultant discussed a
few main issues that would be helpful for the parents to consider
during the mediation process. The issues to discuss were chosen in
advance by child consultants, in consultation with mediators. In
both CF and CI, the topics chosen were based on the research
literature about improving child adjustment to divorce and on
information the child consultant had gathered about the family and
child. These messages were tailored to the individual case, but
nearly all parent feedback sessions included information about the
impact of interparental conflict on children and the need to develop
a civil coparenting relationship and stronger parenting alliance.
Examples of other messages include the need for the children to
have a strong relationship with each parent and the value of quality
versus quantity of time with the child. When appropriate, messages
also included the needs of young children to see parents frequently,
the needs of older children to spend time with peers, and the need
for a safe and secure household. Examples of messages often
delivered to parents individually included discussions about the
role of new partners or substance abuse issues. In discussing these
messages, CF parent feedback relied on the general research on
the effects of divorce on children while also considering how the
research fit the particular children and family being discussed. CI
parent feedback was primarily framed in terms of what the child
consultant heard from the child during the child interview.
After parent feedback concluded, child consultants left and
parents and mediators started the negotiation phase of mediation.
Parents could mediate parenting plans and financial arrangements,
depending on the needs of their case. Of the 138 parents in the
study, 107 were pro se. For the 31 parents who had legal repre-
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275
CHILD-INFORMED MEDIATION
sentation, 29 had their attorneys physically present during the
feedback and negotiation phases of the mediation. The other two
parents had their attorneys available by telephone for consultation
as needed. In all conditions, the negotiation phase usually con-
cluded on the same day, although sometimes parents returned for
additional sessions. Duration of mediation negotiations averaged
4.60 hours (SD 2.16) in MAU, 6.38 hours (SD 2.91) in CF,
and 8.09 hours (SD 3.47) in CI. These times differed signifi-
cantly, F(2, 65) 6.52, p .003. A post hoc Tukey’s test showed
that mediation duration differed significantly between CI and
MAU, but not between MAU and CF or CF and CI.
When mediation negotiations ended, parents completed the par-
ent outcomes form. Parents were each compensated $30 for com-
pleting this form. Mediators completed the mediator outcomes
form. If parties reached a partial or full agreement in mediation,
the content of those mediation agreements were later coded by
graduate-level research staff, as described above in the content of
mediation agreements subsection.
Data Analysis
Data were analyzed in Mplus. The analyses accounted for the
clustered nature of the data (e.g., mother’s and father’s reports
from the same family) by using robust standard errors. The anal-
yses also used full information maximum likelihood methods of
estimation (a method that estimates missing values in data) so that
all of the raw data could be analyzed. This had the advantage of
including information from people with missing values (Schafer &
Graham, 2002). Continuous variables were analyzed with linear
regression analyses, and categorical variables were analyzed with
logistic regression analyses.
Data were analyzed by comparing a combined group of CI and
CF interventions to cases in MAU. Our primary concern was to
examine whether a child-informed (CF or CI) approach to medi-
ation would lead to different outcomes than MAU. Also, combin-
ing CF and CI maximized statistical power, given relatively small
sample sizes. In the same analysis, for exploratory reasons and to
more directly replicate the McIntosh et al. (2008) study, CI was
compared to CF. Where appropriate in all analyses, if mother and
father data were separable, parents were compared to each other as
well.
Results
General Presentation of the Results
In most tables, means and standard deviations are presented
separately for mothers and fathers in each intervention condition
and for the CF/CI combined (or child-informed mediation) group.
Some variables (e.g., coded content of the mediation agreement)
are at the case level, so there is no separate information for mothers
and fathers. When data were continuous, results of the compari-
sons are given as estimated differences with the 95% confidence
interval of that estimate. When data were categorical, results of the
comparisons are given as odds ratios with the 95% confidence
interval of the odds ratios. For both types of data, p values are also
given. In the tables, parent refers to differences between mothers
and fathers; these differences are not discussed in the text. Group
differences are also indicated (e.g., CF and CI vs. MAU refers to
the results comparing the CF and CI cases as one group versus the
MAU cases); we note statistically significant group differences in
the text.
Demographics and Family and Case Characteristics
We compared the groups in each intervention condition (see the
supplemental materials, Table A). Parents in cases across the
intervention conditions generally did not differ with respect to
demographics: age, education, income, duration of relationship,
duration of separation, number of times divorced, number of
children, age of oldest child, race and ethnicity, employment,
presence of new partner, attorney representation, or type of di-
vorce. There were exceptions, as anticipated, in comparisons of the
CI group to the other groups, because CI cases had to have children
age 5 or older assigned to CI. CI parents were older, reported
longer relationship durations, and reported an older age of their
oldest child relative to CF and MAU parents.
Outcome Measures: Agreement Rates
Contrary to the hypothesis, there were no significant differences
across conditions in rates of agreement, but note the high rate of
some level of agreement (80 85%) in all three intervention con-
ditions. Agreement rate data are in Table 1.
Parent Satisfaction and Self-Reported Outcomes
Contrary to hypotheses, no differences between CF/CI and
MAU reached statistical significance for satisfaction ratings. Com-
paring CF and CI, there were no group or parent differences in
satisfaction with the child consultants who provided their parent
feedback. Data are presented in Table 2.
As seen in Table 3, and supporting hypotheses, parents in the
combined CF/CI group were more likely than parents in MAU to
report learning something in mediation and to report that the other
parent learned something.
Table 1
Agreement Rates
Level of
agreement
Did the case reach agreement?
Odds ratio [confidence interval],
p value
MAU CF/CI CF CI
n (%) n (%) n (%) n (%)
Full (n 45) 14 (63.6) 31 (66.0) 22 (64.7) 9 (69.2) CF/CI vs. MAU: 0.001 [0.13, 0.15], p .98
CF vs. CI: 0.03 [0.28, 0.21], p .79Partial (n 12) 5 (22.7) 7 (14.9) 5 (14.7) 2 (15.4)
None (n 12) 3 (13.6) 9 (19.1) 7 (20.6) 2 (15.4)
Note. No differences across the interventions were found when full and partial were collapsed into one category and compared to reaching no agreement.
MAU mediation-as-usual; CF child-focused; CI child-inclusive.
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BALLARD ET AL.
When presented with a checklist of aspects of mediation that could
have been helpful (see Supplemental Materials, Table B), relative to
parents in the MAU condition, parents in the CF/CI group were more
likely to report that a helpful aspect of the mediation was getting
information on the children. Parents in the CI group were more likely
than parents in the CF group to report that hearing about their own
children was a helpful aspect of mediation. The same list of items was
presented for parents to select the one thing that was most useful or
important about the mediation. In MAU, the most common answer for
mothers (endorsed by 25%) was being able to talk and discuss
concerns, and for fathers (23.5%), it was focusing on the children. The
most common answer for CF and CI mothers (31.8%) and fathers
(37.8%) was focusing on the children.
Mediator Outcome Data
Mediators were more satisfied at a trend level (CF/CI vs. MAU:
0.14 [0.30, 0.30], p .10; CF vs. CI: 0.12 [0.40, 0.11],
p .30) with their mediations in CF/CI cases (M
CF/CI
4.37,
SD 0.71; M
CF
4.44, SD 0.68; M
CI
4/19, SD 0.78) than
MAU cases (M 3.90, SD 1.00). Although no comparison with
MAU was possible (because there was no parent feedback in
MAU), mediator ratings of satisfaction with the parent feedback
sessions were generally high in both the CF (M 4.18, SD
0.77) and the CI (M 4.33, SD 0.65) interventions.
Mediators generally reported thinking CI worked best for
their cases, followed by CF (see Table 4). Mediators were
mostly neutral as to whether MAU worked well, but, in 39% of
the MAU cases, mediators would have preferred a different
condition.
Mediators were asked if the child consultants’ information
about the children continued to be discussed during the medi-
ation negotiations. Only four of 60 mediators in CF reported
“not at all,” and none of 26 mediators in CI reported “not at all.”
The average rating was 3.39 (0.92) in CF and 4.00 (0.76) in CI,
Table 2
Parent Satisfaction
Measure
MAU
(n 22)
CF/CI
(n 47)
CF
(n 34)
CI
(n 13)
Estimate [95% confidence interval], p value (all
cases)M (SD) M (SD) M (SD) M (SD)
Satisfaction with Process Mother 5.62 5.78 5.52 6.46 Parent: 0.20 [0.61, 0.21], p .34
(n 67) (1.75) (1.67) (1.82) (0.97) CF/CI vs. MAU: 0.08 [0.31, 0.15], p .50
Father 5.53 5.53 5.41 5.85 CF vs. CI: 0.36 [0.01, 0.70], p .06
(n 66) (1.47) (1.59) (1.64) (1.46)
Satisfaction with mediators Mother 6.48 6.28 6.18 6.54 Parent: 0.02 [0.43, 0.48], p .92
(n 67) (0.87) (1.82) (1.90) (1.66)
Father 6.26 6.40 6.29 6.69 CF/CI vs. MAU: 0.02 [0.16, 0.13], p .82
(n 66) (1.2) (1.17) (1.34) (0.48) CF vs. CI: 0.19 [0.14, 0.52], p .26
Satisfaction with child consultants Mother NA NA 6.31 6.54 Parent: 0.27 [0.83, 0.29], p .34
(n 42) (1.07) (1.66)
Father NA NA 6.04 6.27 CF vs. CI: 0.12 [0.19, 0.43], p .46
(n 39) (1.29) (1.01)
Satisfaction with agreement Mother 5.00 5.87 5.70 6.27 Parent: 0.15 [0.23, 0.54], p .44
(n 56) (1.94) (0.99) (1.03) (0.79) CF/CI vs. MAU: 0.13 [0.37, 0.11], p .28
Father 5.94 5.66 5.59 5.82 CF vs. CI: 0.20 [0.06, 0.45], p .13
(n 55) (1.35) (1.19) (1.28) (0.98)
Satisfaction with not reaching
agreement
Mother 2.33 1.57 1.80 1.00 NA: too few cases to analyze
(n 10) (1.33) (1.13) (1.30) (0.00)
Father 1.50 2.71 2.80 2.50
(n 9) (0.71) (1.60) (1.64) (2.12)
Note. MAU mediation-as-usual; CF child-focused; CI child-inclusive; NA not available.
Table 3
Parent Report of Learning Anything (Self or Other Parent)
Measure
MAU CF/CI CF CI Odds ratio [confidence interval], p value
n (%) n (%) n (%) n (%)
Anything helpful you learned? (% reporting yes) Mother
(n 65)
7 (35.0) 30 (66.7) 22 (68.8) 8 (61.5) Parent: 0.60 [0.34, 1.05], p .08
Father
(n 64)
4 (23.5) 26 (55.3) 19 (55.9) 7 (53.8) CF/CI vs. MAU: 0.66 [0.48, 0.91] p .01
CF vs. CI: 0.88 [0.51, 1.51], p .64
Anything helpful the other parent learned?
(% reporting yes)
Mother
(n 39)
5 (38.5) 17 (65.4) 11 (57.9) 6 (85.7) Parent: 0.25 [0.10, 0.59], p .002
Father
(n 47)
1 (7.1) 11 (33.3) 6 (24.0) 5 (62.5) CF/CI vs. MAU: 0.59 [0.41, 0.86], p .006
CF vs. CI: 1.86 [0.83, 4.19], p .13
Note. MAU mediation-as-usual; CF child-focused; CI child-inclusive.
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CHILD-INFORMED MEDIATION
which indicates that feedback content continued to be discussed
in mediation “sometimes” to “often.” The difference between
CF and CI was statistically significant, F(1, 43) 4.47, p
.04.
Mediator Impartiality
Across all cases in the study, in only one case did mediators
indicate that they believed the parents had any concerns about
mediator impartiality.
5
Content of Mediation Agreements
Descriptive data for all codes are given in Table C of the
Supplemental Materials. Where data were sufficient (i.e., no cells
with 0 or 100%), group difference across the interventions were
also analyzed. Most cases addressed legal custody, with joint legal
custody being the most common arrangement (64.3% of MAU
cases and 75.0% of CF and CI cases). Most agreements addressed
physical custody, with mother given sole/primary custody in
92.9% of MAU cases and in 61.5% of CF and CI cases. Nearly all
cases addressed parenting time, with parenting time usually being
specified for the father (i.e., usually the nonresidential parent). CF
and CI cases agreed to more parenting time for the nonresidential
parent on weekdays, weeknights, and weekend nights than did
cases in MAU. There was no difference in the number of weekend
days across conditions (most families chose to alternate week-
ends).
Regarding provisions about coparental communication and con-
flict, parents in CF and CI cases were more likely than parents in
MAU cases to address communication between parents. CF and CI
agreements included more aspirational language about coparental
communication, were more likely to agree not to disparage or
insult each other, and were more likely to prohibit fighting or
conflict in their relationship. Between one third and one half of
cases addressed child support; this did not differ significantly
across conditions.
6
Fathers generally paid child support. There was
no difference in the amount of child support paid per week across
the conditions.
Referrals to counseling were uncommon and did not differ
across intervention groups. Safety provisions were likewise
uncommon, and only one case had a court-appointed special
advocate or a guardian ad litem. In the miscellaneous provi-
sions, cases split fairly evenly on whether provisions were
included for returning to mediation. Agreements rarely ad-
dressed the presence of new partners, but CI cases were more
likely to do so than CF cases (CF and CI did not differ from
MAU on this item). Parents in CF and CI cases were more
likely to include aspirational language about the importance of
parent– child relationships than parents in MAU cases. Cases in
CF and CI groups created longer mediation agreements, in
number of pages, than cases in MAU; we included this count as
an indirect measure of agreement complexity.
On the global codes, relative to MAU cases, CF and CI cases
were judged to include more child-related rationales, and CI cases
had more rationales than CF cases as well. CF and CI cases were
judged to include more provisions to improve the coparental
relationship and to facilitate child adjustment to divorce compared
to MAU cases.
Discussion
The results of this study provide evidence that child-informed
mediation interventions, designed to include the child’s perspec-
tive and to motivate parents to focus on their children’s needs, are
liked and are perceived as helpful by parents and mediators. They
result in mediation agreements that are judged as being more likely
than MAU agreements to facilitate positive child adjustment to
divorce.
Contrary to our hypotheses, no differences were found in me-
diation party satisfaction levels across all conditions, possibly
because satisfaction was generally high, as found in previous
research at this Clinic (Pettersen, Ballard, Putz, & Holtzworth-
Munroe, 2010). Mediators tended to be more satisfied with CF and
CI than MAU and were satisfied with CI and CF parent feedback
sessions. Furthermore, mediators usually thought that CF and CI
mediations worked well for their cases, rarely thought that CF and
5
This was a child-focused mediation case. The mediators both reported
that the father accused the mediators of not being impartial, that the
accusation did not appear to have anything to do with the participation of
a child consultant, and that they believed the father was attempting to
manipulate the mediation process.
6
If a parent was in arrears in paying child support, they were often not
legally allowed to include child support provisions in their mediation
agreement.
Table 4
Mediators Report of Utility of Case Assignment
How well did you think the assigned condition worked
for this case?
Measure Very well n (%) Neutral n (%) Not well n (%)
Mediators in MAU (n 36) 5 (13.8) 17 (47.2) 14
a
(38.9)
Mediators in CF (n 63) 33 (52.4) 23 (36.5) 7
b
(11.1)
Mediators in CI (n 26) 20 (76.9) 5 (19.2) 1
c
(3.8)
Note. MAU mediation-as-usual; CF child-focused; CI child-inclusive.
a
Of the mediators who reported that MAU did not work well and expressed a preference, five wished for the
mediation to be in the CI condition and seven wished for mediation to be in the CF condition.
b
Of the
mediators who reported that CF did not work well, none specified what condition they would have wanted
instead.
c
The mediator who thought that CI did not work well thought the case would have been better as a
MAU because “the parents were stuck in their ways.”
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BALLARD ET AL.
CI was not helpful, and often wanted their MAU cases to be
assigned to CF or CI. Anecdotally, mediators would let child
consultants know that they were pleased child consultant could
deliver messages to parents that mediators, as neutral parties, did
not feel comfortable delivering. Another possible reason for ap-
proval of CF and CI was that parents in CI and CF were more
likely than parties in MAU to report that they and their partners
learned something helpful. Parents in the CI and CF intervention
groups were more likely than parents in MAU to endorse that
getting information about their children and hearing about their
children was helpful. And mediators reported that the parent feed-
back information continued to be used in the negotiation phase of
the mediation process. Because mediations were not observed for
research purposes, it is not known whether feedback information
continued to be used in negotiations because of how mediators
behaved or because of parents choosing to address those topics
again. Either would acceptable from a child-informed mediation
perspective.
Of import, these gains were realized without negatively affect-
ing perception of other important aspects of mediation, such as the
process being fair, being able to discuss concerns, feeling sup-
ported, and having neutral mediators (as reported by parents and
mediators). One potential concern about a child consultant offering
advice to parents during the mediation process was that parents
may have perceived that mediators were aligned with the child
consultant and were therefore not neutral. That does not appear to
have happened.
Cases in CF and CI and cases in MAU were equally like to reach
agreement in mediation, contrary to our hypothesis. This may have
occurred because the small percentage of families not reaching
agreement may have been in greater conflict and needed much
more assistance than the additional hour or so of child consultant
time. Another possibility is that child consultant feedback “stirred
up” more issues for consideration, helping some families to settle
and complicating negotiations for others.
However, cases receiving the CI and CF interventions created
mediation agreements that differed in important ways from
cases in the MAU condition. Parents in CF and CI agreed to
more weekdays, weeknights, and weekend nights for the non-
residential parent, increasing the overall amount of time spent
between the nonresidential parent and children. Although con-
tact alone does not substantially affect child outcomes, it is
necessary to have sufficient contact between parent and child
for the nonresidential parent to feel emotionally close and to
engage in authoritative parenting, both of which improve child
outcomes (Amato & Gilbreth, 1999). Also, when asked to
reflect on their childhoods, young adults have generally re-
ported wishing they had more time with the nonresidential
parent (Fabricius & Hall, 2000). Interventions such as CF and
CI, which provide more time for the child’s relationship with
the nonresidential parent, may therefore improve child out-
comes and alleviate child distress at losing a parent to divorce
or separation.
Because conflict between parents is one of the strongest
predictors of child outcomes following divorce (Kelly & Em-
ery, 2003; Lansford, 2009), it was heartening to see that parents
in CF and CI cases were more likely to address coparental
communication in their agreements than parents in MAU. They
made agreements that included more aspirational language
about coparental communication, often incorporating ideas
from the child consultants’ feedback, such as maintaining a
“business-like relationship” or only communicating in particu-
lar ways (e.g., agreeing to only communicate by text message).
Parents in CF and CI were also more likely to agree not to fight
or insult each other. Keeping conflict low was an idea addressed
in almost all feedback sessions, and that idea appears to have
been reflected in the mediation agreements.
Further evidence for the difference in mediation agreements
between MAU and CF/CI cases comes from the global ratings
of the agreements. CF and CI cases included more child-related
rationales for their provisions, possibly indicating that parents
gave more thought as to why they should make the arrange-
ments they were making. The provisions in the mediation
agreements of CF and CI cases, if followed as written, were also
judged to be more likely to facilitate a positive coparental
relationship (e.g., agreeing not to fight) and to facilitate child
adjustment to divorce (e.g., frequent contact with the nonresi-
dential parent).
Certain kinds of mediation agreement provisions may have
been helpful to child adjustment, but were rare in all agreements
and not more frequent in CF and CI cases. These provisions
include safety provisions and counseling referrals. These find-
ings are consistent with prior research at this Clinic, and other
clinics, that parents usually do not choose to include such
provisions in their mediation agreements (Putz et al., 2012;
Beck, Walsh, & Weston, 2009).
One methodological strength of the current study was the
presence of a meaningful control condition (MAU). Prior re-
search on the CF and CI interventions did not employ an MAU
control condition, so comparison was only possible between the
two child-oriented intervention conditions. It is unknown in the
McIntosh et al. (2008) study whether CF and CI were improve-
ments over mediation without the child-specific components, an
important question to answer because of the extra time and
resources involved in implementing child-informed approaches.
The present findings suggest the benefits of child-informed
mediation over MAU. The issue of meaningful comparisons
was further confounded in McIntosh’s study by having the
mediators deliver the CF intervention and a child consultant
deliver CI. This means that the extra time and attention from the
child consultant in CI alone could have caused the differences
between CF and CI in Australia. In the present study, child
consultants delivered the parent feedback in both CF and CI,
and there were few differences between the CF and the CI
conditions. However, some of the lack of differences between
CF and CI in the present study could be due to the use of student
child consultants (and mediators), because they have less im-
pact than seasoned professionals. The lack of differences be-
tween CF and CI might also be due to limited statistical power,
given our small CI sample. Thus, more research will be neces-
sary to determine if there truly are incremental benefits to CI
over CF that justify the extra time and effort of conducting child
interviews.
Another primary strength of the current study was a design
that included random assignment to intervention conditions.
Rare in research in family law, random assignment is the
criterion standard for intervention studies, because it allows
researchers to draw a causal relationship between intervention
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279
CHILD-INFORMED MEDIATION
conditions and outcomes (Holtzworth-Munroe, Applegate,
D’Onofrio, & Bates, 2009). Randomization worked fairly well
to equalize the intervention groups on individual, family, and
case demographic variables. Partial failures of randomization
can be explained by recruitment procedures that caused the CI
group to be older (with longer relationship duration and older
children).
A third study strength was that nearly every case deemed
eligible for mediation was invited to participate in the study. Thus,
a broad range of cases were included in this research—from
parents who had had very brief relationships, were never married,
and were creating initial parenting time arrangements to parents
modifying parenting arrangements made after a divorce that oc-
curred years ago. In addition, we included a broader range of child
ages than examined in previous research on CI and CF (birth to 17
years in the present study versus ages 5–16 years in McIntosh et
al., 2008). We did not screen out parents thought to have inade-
quate “ego maturity” (McIntosh et al., 2008), instead permitting a
broader range of cases to enroll. By providing the intervention to
families with very young children, there was the potential to affect
the trajectories of child outcomes for children who may never
remember their parents’ separation. Broadening the scope of re-
cruitment may also enhance the generalizability of the interven-
tions in other mediation clinics that serve a wide variety of fam-
ilies. Participants in this study were generally low income, often
high conflict, and often experiencing multiple stressful life circum-
stances. These factors place these families at particularly high risk
of negative outcomes after divorce, and are a population most in
need of services.
There are also important limitations to this research study.
Despite recruiting for more than two years, only 69 families
consented to research and completed the mediation process.
This is a relatively small sample, particularly when spread
across three conditions, which limits the power of statistical
analyses that may be conducted. Because of age restrictions on
randomization into CI, the 69 cases were not evenly distributed
across all three conditions, and relatively few CI cases were
completed. One potential result of the small sample is that
existing group differences are currently not significant or are at
a trend level that may turn out to be significant in future studies
with larger samples. Data from a small sample are also more
likely to yield false-positives that do not survive replication in
future studies. The small sample size was driven, in part, by the
fact that roughly half of the families approached refused to
participate, but these refusals were unequally distributed across
ages. Two thirds of families with only younger children (all age
4 or younger) consented, while only one third of families with
older children (ages 5 or older) consented. Many parents who
had older children cited not wanting to involve their children in
the process, so the child interview component appears to have
discouraged some families from participating. Future research-
ers will need to consider how to address this, and this finding
suggests a potential limitation on the acceptability of CI to
parents in the United States.
As with any study at one site, our sample represents a small
slice of the divorcing population and one particular style of
mediation. Important factors, such as attorney representation,
can vary widely among jurisdictions (e.g., Beck et al., 2010).
Also, drawing from people who live in south-central Indiana,
this study lacked much racial and ethnic diversity. Because of
how difficult it was for low-income parties to return to the
Clinic for multiple mediation sessions (e.g., inability to take
additional days off work), the mediations usually occurred in a
single session. This is a potential drawback, because parties
may have become tired by the end of a long session. Outcomes
may have differed if the mediations had proceeded in smaller,
more frequent increments.
This study is also limited in that only the immediate outcomes
from the interventions were available to analyze. Long-term
follow-up of the families who participated is a critical step in
determining if the CF and CI interventions produce sustained
benefits to these families. A longitudinal study of the families who
participated is underway, but data are not yet available for analy-
sis. The longitudinal data will include measures of parent and child
functioning, interparental conflict, and child adjustment to divorce
that will allow an empirical examination of the hypothesis that the
agreements reached in CF and CI mediations ultimately result in
better child outcome.
Another potential study limitation is that the mediators and
child consultants were students, not experienced professionals.
It is controversial whether less experienced therapists in psy-
chotherapy provide less effective services (Montgomery,
Kunik, Wilson, Stanley, & Weiss, 2010; Stein & Lambert,
1995), and students were provided extensive supervision, but
this issue may still have affected the mediations and feedbacks.
A related issue is that, to determine if an intervention is being
delivered in a competent manner, many program evaluation
studies include measures of intervention adherence to a treat-
ment manual and competence. This study did not include such
measures. Although students were observed in most of the
feedbacks and mediations, they were not formally rated for
adherence or competence. One of the difficulties was that the
mediation sessions could not be recorded for fear of creating a
record of the confidential mediation that a parent or attorney
may try to obtain as evidence in a trial. Because of this
limitation, in future work, adherence and competence will have
to be measured live—a much more difficult task.
Conclusion
The CF and CI interventions were well accepted by parents and
mediators, and they led to mediation agreements that should be
helpful to family functioning as parents and children adjust to life
after separation or divorce. Parents seem to be able to hear the
messages of the child consultants (e.g., ideas such as a “business-
like coparenting relationship” are often included verbatim in me-
diation agreements), and those messages are kept salient in the
mediation process even after feedback ends. Overall, this random-
ized controlled trial represents a promising next step from the
research conducted in Australia for family law professionals seek-
ing brief interventions to improve the outcomes of divorcing
families.
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Received January 18, 2013
Revision received April 29, 2013
Accepted April 30, 2013
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