Divorce Mediation: Promises, Criticisms, Achievements, and Current Challenges

This review article focuses on the claims made by the proponents of divorce mediation regarding the efficiency, accessibility, relevance and self-empowering potential of this dispute-resolution technique in comparison to litigation. The review also considers criticisms that have been leveled at divorce mediation: that efficiency is purchased at the price of fairness; that accessibility comes at the expense of quality; that personal relevance implies poor outcomes for the weaker spouse; that pursuit of self-empowerment detracts from the primary goal of achieving a satisfactory and durable settlement. Based on existing empirical research on the outcomes of mediation, it is concluded that this approach is superior to litigation. Current challenges to mediation are identified and discussed.