FAMILY LAW

A PROJECT REPORT

SUBMITTED TO ARMY INSTITUTE OF LAW

IN PARTIAL FULFILMENT OF THE REQUIREMENT

FOR THE DEGREE

OF

B.A. L.LB

SECOND YEAR

2016-2017

MEDIATION IN CHILD CUSTODY CASES NATIONAL AND

INTERNATIONAL FRAMEWORK

SUBMITTED TO: SUBMITTED BY: JUHI

BHUTANI

DR. Kamaljit Kaur ROLL NO. 1471

 CERTIFICATE:

THIS IS TO CERTIFY THAT I JUHI BHUTANI ROLL NO 1471 HAS WORKED

FOR HER B.A. L.LB PROJECT REPORT UNDER DIRECT AND CLOSE

SUPERVISION. THE PROJECT WORK ENTITILED ‘MEDIATION IN CHILD

CUSTODY CASES NATIONAL AND INTERNATIONAL

FRAMEWORK’EMBODIES ORIGINAL PIECE OF WORK DONE BY ME AND IS A

BONAFIDE PIECE OF WORK.

 ACKNOWLEDGEMENT

I am thankful to everyone who supported me for I have completed my project effectively and

efficiently.

I am equally thankful to my Family Law Professor Dr. Kamaljit Kaur who guided me at

every step with the project matter with utmost patience.

Last but not the least I want to thank my friends and batch mates for lending a helping hand

and suggesting ideas for improvement in my project.

 INDEX:

1- ACKNOWLEDGEMENT

2- CHAPTERS

 INTRODUCTION
 HISTORICAL EVOLUTION OF MEDIATION
 ROLE OF MEDIATOR
 10 REASONS TO USE MEDIATION
 DISADVANTAGES OF MEDIATION
 NATIONAL FRAMEWORK
 INTERNATIONAL FRAMEWORK
 CONCLUSION
 SUGGESTIONS

3- BIBLIOGRAPHY
 INTRODUCTION

Conflict is an inescapable part of our daily lives, an inevitable result of our highly complex,
competitive, and often litigious society. Whether it be in our personal relationships or our
business interactions, each of us has our own ideas, opinions, and needs, and how we deal
with our differences with others can determine the quality of our lives. Over the years the
matrimonial litigations have increased and therefore there is a dramatic increase in the
number of divorces over the past two decades which has created a national movement to
encourage mediation for divorcing couples involved in child custody disputes. The worst in these
divorce proceedings are the children so a process need to be evolve where with minimum of
distress and maximum of fairness a decision is ruled out. The process of mediation is the best
possible answer to the same. Mediation is defined as a "cooperative dispute resolution process in
which a neutral party attempts to keep contested parties talking until they reach a settlement of
their differences."This process is in opposition to the existing litigation laws in which the court
assumes the role of parents patriae and determines who shall have custody of the children and
under what conditions.1
In the child custody setting, the purpose of mediation is to facilitate cooperation and
communication between family members so as to encourage maximum contact with the child by
both parents, while helping the parties develop a custody plan specifically tailored to their
child's individual interests.6 Mediation, unlike adjudication, emphasizes not who is right or
wrong, but rather establishes a workable solution that best meets the family's unique needs,
focusing on the "best interest of the child." The child's best interest is thought to be served by
maximizing his contact with both parents in the post-divorce family, while ensuring each parent
a meaningful role in the child's future. This concept is the basis for the model of joint
custody.'While litigation results in sixty-nine percent of custody awards solely to the mother,
mediation results in joint custody awards sixty-three percent of the time." Custody mediation is
also said to enhance communication, maximize the exploration of alternatives, address the needs
of the parents and children, and formulate an agreement that satisfies all parties involved.
In earlier days the elder persons in the joint family will act as mediator in resolving almost all
family disputes within the joint family but in the present nuclear family set up, the non
presence of such an effective mediator is deeply affecting the family atmosphere a lot and
there is no better alternative to resolve these cases than mediation.2
Section II of this project describes the historical framework from which child custody
mediation has developed and the role of the mediator. Section III discusses the national and
international framework Section IV explains the uses and disadvantages of the mediation .
Section V ends with the conclusion and the some suggestions.

1
Terri Garner ‘Child custody mediation and a proposed alternative to litigation’
Published by University of Missouri School of Law Scholarship Repository, 1989
Journal of Dispute Resolution, Vol. 1989, Iss. [1989], Art. 8 http://scholarship.law.missouri.edu/jdr/vol1989/iss/

2
Advocate Lath k. ‘Rrole of mediation in family related disputes’ www.familylawyers.in last
accessed on 2016-01-28 http://familylawyers.in/article.html
 HISTORY
Mediation has been an institutionalized form of resolving disputes in China from the time of
Confucius until the present." Its being is rooted in African moots, socialist comrades courts,
psychotherapy, and labor disputes. From the past until the present, mediation has been based
upon honesty, informality, open and direct communication, expression of emotion, attention
to the underlying causes of disputes, reinforcement of positive bonds, and avoidance of
blame.
Child custody mediation is the outgrowth of several factors. First, with the adoption of the
no-fault divorce system in the 1970's," attitudes began to shift from focusing on
reconciliation of divorcing couples to divorce and custody counseling. The courts turned to
mediation as a way of reducing conflict and ensuring a custody and visitation agreement on
which all parties could agree.'" Where there exists goodwill between the parting husband and
wife, the necessity for state intervention or paternalism is less clear.The parties will often
benefit from a contract in which they both substantially contribute to the outcome.' In spite of
the advantages of such a contract, the courts today are basically free to affirm or deny any
agreement that the parties create. ' Courts have responded in both ways.' As the law now
stands in all jurisdictions, the enforceability of mediation agreements must be determined on
a case-by-case basis. Child custody mediation is also an outgrowth of court congestion.
Courts are overwhelmed with the number of divorce cases to be litigated Over half of the
cases filed in all trial courts today are concerned with matrimonial actions. Courts are so
overloaded with cases that delays of nine to ten months are common for no-fault divorces,
and delays of a year or two are common for contested divorce cases. " This congestion has
increased the number of cases that have attempted to utilize the mediation method as an
alternative to litigation.
Finally, a new philosophy that highlights the problems of the adversarial approach has led
individuals to mediation. The litigation method is said to increase trauma and escalate
conflict. This type of activity definitely runs counter to the best interest of the child. Lawyers
are often accused of inadequate training to deal with custody issues, and are frequently
accused of encouraging their clients to take extreme positions that are unnecessary." When
this occurs, parties involved in the dispute are less likely to agree upon a common solution.
The adversarial proceeding is also said to result in agreements that fail to enhance
cooperation, communication, and commitment to the parties. Because these factors highlight
the goals of mediation, many individuals have turned to mediation as an alternative.3

3
Ibid at 3
CURRENT LEGAL FRAMEWORK FOR MEDIATION IN INDIA

Section 89 of the Code of Civil Procedure, 1908 provides that a court can formulate terms of
a settlement and give them to the parties for their observation and, after receiving the
observation of the parties, reformulate the terms and refer the same for arbitration,
conciliation, judicial settlement (including settlement through Lok Adalat), or mediation.
Rule 3 of Order XXXIIA of the Code of Civil Procedure, 1908 states that, in suits or
proceedings relating to matters concerning the family, where it is possible to do so consistent
with the nature and circumstances of the case, the court has a duty to assist the parties in
arriving at a settlement. Also, if at any stage, it appears to the Court that there is a reasonable
possibility of a settlement between the parties, the Court may adjourn the proceeding for such
period as it thinks fit to enable attempts to be made to effect such a settlement.4

Additionally, Section 9 of the Family Courts Act, 1984, lays down the duty of the Family
Courts to assist and persuade the parties, at first instance, in arriving at a settlement in respect
of subject matter. The Family Courts have also been conferred with the power to adjourn the
proceedings for any reasonable period to enable attempts to be made to effect settlement if
there is a reasonable possibility.

There is a growing need of mediation for matrimonial disputes in India. In K. SRINIVAS

RAO v. D.A. DEEPA, the Supreme Court5 stated that,
Quite often, the cause of the misunderstanding in a matrimonial dispute is trivial and can be
sorted. Mediation as a method of alternative dispute resolution has got legal recognition now.
We have referred several matrimonial disputes to mediation centres. Our experience shows
that about 10 to 15% of matrimonial disputes get settled in this Court through various
mediation centres. We, therefore, feel that at the earliest stage i.e. when the dispute is taken
up by the Family Court or by the court of first instance for hearing, it must be referred to
mediation centres. Matrimonial disputes particularly those relating to custody of child,
maintenance, etc. are pre eminently fit for mediation.

Furthermore, the Mediation Training Manual, circulated by the Mediation and Conciliation
Project Committee of the Supreme Court, states that all cases arising from strained or soured
relationships including disputes relating to matrimonial causes, maintenance, and custody of
children are normally suitable for Alternative Dispute Resolution processes.6

4
257thLaw Commission Report ‘Reforms in guardianship and custody laws in India ‘
5
AIR 2013 SC 2176
6
Supra at 3
 INTERNATIONAL PERSPECTIVE

One of the gravest responsibilities that can be placed upon the court, and one of the most
heart searching, is to determine the proper custodian of a child”
At least 30 ,000 parental couples separate every year in Sweden.2 Together those parents are
responsible for about 55 000 children, which means that at least 25 % of today’s 17-year old
youngsters have experienced a separation between their parents.3 Most of the parents manage
to, assisted by the “Family Court” of the social services’ cooperative dialogues or family
counselling, make own arrangements for their new family situation. However, about 6000
children every year go through court litigation on custody. Changed family patterns and
parents in a constant fighting may leave serious psychological traces within the child and the
future adult.7

Most jurisdictions of the world have adopted the standard of the best interest of the child.
Important sources of the international family law and the best interest of the child are mainly
found in the United Nations Convention of the Rights of the Child, 1989 (UNCRC). The
Convention was the first multilateral instrument on a wide range of children’s rights, establishing
binding international standards. The Convention covers civil, political, social, economic, and
cultural rights, containing normative standards of many issues, including parental responsibility
concerning divorce and custody matters on the child. Practically all the members of the United
Nations have ratified the Convention, which constitutes a near-universal consensus on a broad
range of children’s rights and is increasingly referred to in domestic judgments

Today, international State bodies such as the Hague Conference on Private International Law
and the European Union also recognise the importance of introducing family mediation in
legislative provisions as a way to solve cross-border conflicts in a preferable manner to
children and the parties involved. This recognition also reflects the political will to formalise
international family mediation practice and to establish it as a complement to legal and
judiciary avenue. However, for mediation to become truly accessible to families, the political
process must be completed with a number of concrete measures conducted by the
professional actors in the field of mediation around the world.8

The Declaration on Social and Legal Principals relating to the Protection and Welfare of
the Children recommends that State Parties shall give priority to the family and the child’s
welfare, and that the child’s welfare depends upon a good family welfare, that the most
important thing is for the child to be cared for by his or her own parents. Governments should
involve and determine in the national welfare services considering appropriate measures.9 .

7
Torun Franzen ‘Mandatory mediation in the best interest of the child’ last accessed on 25 jan
2016.https://lup.lub.lu.se/luur/download?func=downloadFile&recordOId=1557548&fileOId=1564358
8
‘A guide to international family mediation ‘ www. iss-ssi .org last accessed on 21 Jan 2016 http://www.iss-
ssi.org/index.php/en/what-we-do-en/mediation-en#1-1-project-1-a-guide-to-international-family-mediation
9
‘Declaration on social and legal principles relating to protection and welfare of children with special reference
to foster placement and adoption nationally and internationally, 1986, Article 1-3 and 7 ‘
VARIOUS INTERNATIONAL APPROACHES TO MEDIATION IN CHILD CUSTODY

Despite many differences in the law regulating divorce and child custody worldwide, there is
a broad awareness that the best way to reorganize a family after separation involves a
consensual/extrajudicial solution that minimizes conflict and encourages collaborative
parenting.10

1.Virginia law specifies that, “Mediation shall be used as an alternative to litigation where
appropriate.” The goals of mediation “may include development of a proposal addressing the
child's residential schedule and care arrangements, and how disputes between the parents will
be handled in the future.” However, in assessing the appropriateness of a referral for
mediation, the court shall ascertain upon motion of a party whether there is a history of
family abuse.The fee paid to a mediator is set by statute and is paid by the government.
Although the statutory scheme does not expressly say so, it appears that courts have the
obligation to ensure that a mediated agreement is in the best interest on the child.

2. South Africa law also encourages mediation.

It states that, in any matter concerning a child, “an approach which is conducive to
conciliation and problem-solving should be followed and a confrontational approach should
be avoided.” More specifically, a children’s court may order mediation before deciding an
issue, but it must consider several factors before doing so: the vulnerability of the child, the
ability of the child to participate in the proceedings, the power relationships within the
family, and the nature of any allegations made by the parties. Mediation cannot be used in a
matter involving the alleged abuse of a child. Where parents reach an agreement through
mediation, the court must confirm that the agreement is in the best interests on the child.
Also, when divorced parents who are co-holders of parental rights and responsibilities are
experiencing difficulties in the exercise of their rights, they must attempt to agree on a
parenting plan before seeking the court’s assistance. In developing a parenting plan, the
parents must either seek assistance from certain specified people (e.g., a social worker) or go
through mediation.

3.In China, a court dealing with a divorce case“shall carry out mediation.” However,
mandatory mediation has been criticized as problematic in cases of domestic violence
mediated agreements in such cases will not be the product of negotiations between parties of
equal bargaining power.

4.In Canada, family mediation is widely promoted as an alternative to litigation.The Divorce

Act, 1985 requires every lawyer or advocate acting on behalf of a divorcing spouse to discuss
with the spouse the advisability of negotiating the matters that may be the subject of a support
order or a custody order and to inform the spouse of mediation facilities that might be able to
assist with this. A lawyer must submit a certification to the court that he or she has discussed
this with the client. In addition, Canadian family law provides that parents that cannot agree
must attend a mediation information session before appearing before a judge. The session
provides information on the mediation process, including the nature and objectives of

10
Ibid at 3
mediation, the steps involved in the process, the role of the mediator, and the roles played by
the spouses. After attending this session, the spouses can proceed with mediation or continue
legal proceedings. Provincial laws also provide for mediation. In the province of Quebec, for
example, divorcing couples that have children can obtain the services of a professional
mediator during the negotiation and settlement of their application for separation, divorce,
dissolution of the civil union, child custody, spousal or child support, or the review of an
existing decision. Five hours are paid by the Family Mediation Service and another 2.5 hours
can be added when a revision of an existing court judgment is needed. Some provincial laws
also specify the duties of dispute resolution professionals and the required qualifications for
family mediators.

5.Australia were first to legislate on mediation in custody disputes 1971 and close behind
came the United States and they have had child custody mediation in their statutes for more
than thirty years. The Family Code of California requires, since 1981, that if there is a
contested issue regarding children, the parties have to make a serious attempt to resolve their
child related disputes As mediation in custody cases was introduced in Sweden in 1998 the
hopeful proponents were welcoming mediation in child custody disputes on the cause of the
long waiting time for custody cases and in the best interest of the child. Despite the current
rule in CPC Section 6 Article 18a, for the court to appoint a mediator assisting custody
fighting parents to cooperation through mediation at an early stage of the dispute, the rule has
almost never been applied to.

6.ISS intercountry casework has dealt with cross-border family conflicts, including child
abductions, on a daily basis for more than 90 years. In relation with this activity, ISS has
developed since 2010 a global programme focusing on International Family Mediation. This
programme aims in particular to better protect children involved in parental conflicts across
national borders. ISS wants to raise awareness on the legal complexity of cross-border family
cases and highlight that International Family Mediation can be a precious and efficient tool to
solve cross border family disputes and prevent child abductions.11

7.The Denver Custody Mediation Project

The Denver Project began in March of 1979 in order to evaluate the short-term and long-
term effects of mediation as a method of resolving contested child custody issues. In order to
compare mediation with the adversary system, judges were asked to refer all suspected cases
of contested child custody to the study lab. Once referred, the cases were randomly assigned
to a mediation or control group status. Upon being chosen for mediation, individuals were
assigned to male- female teams comprised of lawyers and mental health professionals trained
in mediation techniques.

11
Ibid at 7
THE ROLES AND STANDARDS OF THE MEDIATOR
The mediator in a child custody case is a neutral third party, much like a judge. But
instead of hearing evidence and making a decision for the parents , the mediator will guide
the parents in the best interest of the child and how the parents can best cooperate and meet
the needs of the child. Thus, the mediator has a vital role in the family custody mediation
process. Not only must he be qualified to mediate; he must also be able to conduct the
negotiation in such a way as to avoid violating ethical rules of conduct. Many mediators are
attorneys and have a duty to protect the integrity of the law and the legal process." Standards
must be developed in order to provide a model or norm for the conduct of such activity.
While many mediators are not lawyers, everyone who mediates affects the legal process. The
mediator has a duty to observe certain basic rules like for example duty to describe and
determine the project , to maintain impartiality and confidentiality, to observe certain ethical
rules of conduct.

10 REASONS TO USE CHILD CUSTODY MEDIATION

1. MEDIATION IS NON-ADVERSARIAL

Child custody mediation is a collaborative process with a common goal in mind: to do what is
best for your children. Unlike the adversarial divorce process, mediation focuses on what is
truly best for the children. Through this process, you will be able to establish a parenting plan
that enables both parents to be actively involved in the children's lives. The alternative is
taking your ex-spouse to court and suing for custody of your children, which in many cases
creates even more dissension and conflict.12

2. MEDIATION IS EASIER ON YOUR CHILDREN

A contested divorce is wrought with conflict, and we know this has a negative impact on
children who are dealing with their parents' divorce. Even when your intentions are good,
realize that it's your lawyer's job to do everything in his or her power to fight for you and
your interests. This creates a situation where the children are unavoidably - even if
unintentionally - caught in the middle. Instead, mediation focuses on what's best for the
children and teaches you as parents how to separate your own interests from theirs.

3. A MEDIATOR IS NEUTRAL
A well-trained, professional mediator will not take sides. Instead, the purpose of meeting
together is to work out a plan for moving forward. Instead of spending a lot of time rehashing
the past, you'll discover new ways to work together in the present.

4. THE MEDIATION PROCESS IS FREE OF BLAME

When you're blaming one another for events leading up to the divorce, you become
adversaries. This makes it very hard to then work together effectively on raising your
children. Using a mediator can help you set aside the urge to blame one another and focus on
developing new skills for collaborating as you create a parenting plan you'll both agree on
and adhere to.

12
Ibid at 1
5. MEDIATION FOCUSES ON THE FUTURE
You both love your children and want what is best for them. The mediation process focuses
on the future and creating a workable plan that allows the children to have meaningful,
dynamic relationships with both parents.

6. MEDIATION REDUCES CONFLICT

A good mediator will help you and your ex develop new skills for communicating with one
another. Over time, this will considerably reduce the stress on all of you. When you and your
ex are no longer arguing over the past, it's a lot easier to focus on what's best for the children
in the "here and now."

7. MEDIATION REDUCES STRESS

The stress that weighs on you during a divorce can lead to insomnia, the inability to
concentrate, and increased impatience with your children. As long as you remain in a
constant state of conflict with your ex, this response is natural. Child custody mediation will
lower your overall stress by giving you the tools to work through your conflicts and give you
a hopeful outlook on the future.

8. MEDIATION HELPS YOU CREATE AN EFFECTIVE WORKING RELATIONSHIP

WITH YOUR EX
This is one of the most important aspects of learning to work together in raising your
children. Through mediation, you will learn to communicate effectively with one another and
create a workable plan for the future.

9. MEDIATION IS LESS COSTLY

When you work with a lawyer, you pay him or her by the hour to represent your interests.
Since your ex is also paying a lawyer for to represent his or her interests, the amount of time
it takes to reach a consensus builds and the end result becomes extremely costly.

10. MEDIATION CREATES A WIN-WIN RESULT

The focus of mediation is to create a plan that is best for the children. We know that in non-
abusive situations, it is best for children to have access to both of their parents. The process
of child custody mediation side-steps a lot unnecessary arguing and helps parents create a
working relationship through which the children can thrive. 13

13
Supra at 11
DISADVANTAGESOF CUSTODY MEDIATION
There are several disadvantages facing the lawyer-mediator. One of the biggest
disadvantages is the risk of potential ethics code violations. The lawyer must avoid
representing either client to the detriment of the other. A neutral position may not always be
easy. Furthermore, if independent counsel is needed for advice, the parents may incur an
added expense as well as an increase the amount of time needed to reach the final settlement.
A lawyer-mediator's reputation and professional esteem may be based on reaching as many
agreements as possible. In this sense, a mediator may push the parties to reach an agreement
even if they are not fully ready to do so. It is also from this goal that a lawyer may miss signs
of one party's dominance over the other.
Mediation may not always be cheaper than litigation. Often, it is necessary to contact
outside counsel, especially in complex cases. The cost may then equal or exceed that of two
attorneys negotiating as adversaries. One study in Oregon concluded that court-provided
counseling and mediation services were more expensive to the county than typical
adjudication This is especially true for unsuccessful mediators. Not only must they absorb the
cost of mediation, but they must then pay for the cost of future litigation.
Because mediation represents an alternative to litigation, it lacks the checks and balances
that are the primary advantages of the adjudication system." Mediation creates a constant risk
of overreaching by the attorney or mental health professional who acts as mediator as well as
overreaching by the parties involved. The attorney-mediator may step outside his realm of
authority when he advises the client on legal issues, rather than simply serving as a mediator.
The mental health professional may also violate rules of law in the same manner, resulting in
the unauthorized practice of the legal profession." Questions of certification, licensing and
standards are still unanswered. Furthermore, the more dominant party may have an edge over
the other party, leading to unfair or unjust results. As a consequence, mediation may require
even more court consideration before final approval.
Finally, there are certain cases that are simply not appropriate for mediation. These
situations include cases involving children who have been or are alleged to be physically
abused or neglected; cases that involve multiple social agency and psychiatric problems;
cases involving bitter conflict between the parties and a history of repeated court
appearances; and cases in which one or more of the adults has experienced serious
psychological problems or has demonstrated erratic, violent, or severely antisocial modes of
behavior."14

14
Ibid at 1
 CONCLUSION

Mediation for child custody disputes is rapidly developing as an alternative to litigation.

Research has begun to show that mediation promotes peaceful settlement between parting
parents, allowing them to focus on the needs of their children. In addition, it has been shown
that these agreements promote cooperation and may lessen the burden of an already
overloaded court system.15

Though mediation is not the answer to every dispute between the people in Family. In some
situations the Courts are absolutely necessary and the only recourse for a person is to file
lawsuit. Litigation is not the answer to every dispute either. But still mediation offers the
most practical solution in that majority of disputes.. It is a far better way then battling in the
courts In a famous ‘test balloon’ case of a Bandra family court is already showing promise.
On June 3, days after the law commission’s 257 report was released, it was quoted in a
landmark judgement 16by the family court, when denying exclusive custody of an eight-
year-old girl to any one parent. Instead, judge PL Palsingankar heard suggestions from
experts and then put forward a detailed plan for the child’s upbringing - shared parenting -
which does away with the concept of primary guardianship and gives both parents equal
rights over the custody of their child thus, giving consideration to the report and such a
positive step we can look forward to more mediation in child custody cases

15
ibid

16
Ayesha Arvind and charul shah ‘Child custody laws in India: A much-needed overhaul’ Hindustan
Times,Mumbai last accessed on 24th Jan 2016 Mumbai http://www.hindustantimes.com/india/child-custody-
laws-in-india-a-much-needed-overhaul/story-AXv1OA2WRqGLSQwM2Add9O.html
|
 SUGGESTIONS
I know that I will be better served in the long run if my spouse and children are also well
served. I want my children to be in the centre rather than in the middle.” 17This quote
suffices the present situation as it has long been recognized that divorce can result in turmoil
for families, especially for the children involved. Research has found that most children
experience adverse short-term reactions to their parents’ divorce. The rates of depression in
children from divorced homes are significantly than children from intact families.18

However, there is a growing belief among therapists, family courts, family scholars, and the
general public that a good divorce can result in minimal distress—and even promote the
development of children and adults. A good divorce is “one in which both the adults and
children emerge as least as emotionally well as they were before the divorce. A good divorce
involves little inter-parental conflict, minimal routine changes for the child, maintenance of
warm, secure parent-child relationships, and an environment in which children feel
comfortable expressing their feelings.

. The “welfare of the child” should be the paramount consideration in adjudicating custody
matters, As the worst affected in proceedings of divorce and family breakdowns are the
children. Maintaining the central importance of the welfare of the child in proceedings of
custody will help ensure that the child’s future is safe and protected, regardless of changing
familial circumstances.

After the dispute is resolved, I want to be able to look back and feel good about the
outcome and how I handled myself during the process. 19Therefore according to me
mediation in child custody cases is one of the best alternative both for parents and children
As the successful mediation often includes promoting cooperation and educating parents
about their own emotions and those of their children. A successful mediation attempts to
create a well-functioning post-divorce family in which parenting roles are very similar to
those in a well-functioning intact family; a family in which both parents enact their parent
roles competently, children have close ties with both parents, and parents coordinate their
activities to promote children’s development and well-being.”20

17
Nancy j. foster ‘is it right for u www.predoviclaw.ca last accessed on 26 Jan 2016 ‘
http://www.predoviclaw.ca/mediation/is-it-right-for-you

18
Robert E. Emery & Melissa M. Wyer, “Divorce Mediation” (1987) 42(2) American Psychologist 472 at 473.

19
Supra at 17
20
Danielle Gauvreau ‘mediation versus litigation examining the differences in outcomes of children
of divorce’