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Toward high-quality divorce agreements: the influence of facilitative professionals

Rachid Baitar, Ann Buysse (UGent) , Ruben Brondeel (UGent) , Jan De Mol (UGent) and Peter Rober
(2012) NEGOTIATION JOURNAL. 28(4). p.453-473
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Abstract
Studies have reported that mediation has higher settlement rates than litigation. The quality of these agreements as experienced by the parties as well as the processes that contribute to this subjective experience remains underexamined, however. In a large, representative, and multidisciplinary study of divorcing couples, we studied the relationship between the practices of lawyers and mediators and the quality of agreements experienced by their clients. We used multiple regression analysis to reveal that divorce mediation is significantly more likely than litigation to produce high-quality divorce settlements. Furthermore, we found that high-quality divorce agreements were more likely to occur when mediators and lawyers were perceived to have worked facilitatively. In addition, we found that pre-divorce conflict levels were inversely correlated with the quality of agreements. Which party initiated the divorce, the parties' gender, and the type of legal divorce did not explain variances in the quality of the agreements. In this article, we also discuss the training and practice implications of our findings.
Keywords
DOMESTIC VIOLENCE, DISPUTE RESOLUTION, INTERPARENTAL CONFLICT SCALE, CHILD-CUSTODY MEDIATION, LITIGATION, PERCEPTION, mediation, divorce, divorce attorneys, divorce mediators, divorce settlements, facilitative practice

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MLA
Baitar, Rachid, Ann Buysse, Ruben Brondeel, et al. “Toward High-quality Divorce Agreements: The Influence of Facilitative Professionals.” NEGOTIATION JOURNAL 28.4 (2012): 453–473. Print.
APA
Baitar, R., Buysse, A., Brondeel, R., De Mol, J., & Rober, P. (2012). Toward high-quality divorce agreements: the influence of facilitative professionals. NEGOTIATION JOURNAL, 28(4), 453–473.
Chicago author-date
Baitar, Rachid, Ann Buysse, Ruben Brondeel, Jan De Mol, and Peter Rober. 2012. “Toward High-quality Divorce Agreements: The Influence of Facilitative Professionals.” Negotiation Journal 28 (4): 453–473.
Chicago author-date (all authors)
Baitar, Rachid, Ann Buysse, Ruben Brondeel, Jan De Mol, and Peter Rober. 2012. “Toward High-quality Divorce Agreements: The Influence of Facilitative Professionals.” Negotiation Journal 28 (4): 453–473.
Vancouver
1.
Baitar R, Buysse A, Brondeel R, De Mol J, Rober P. Toward high-quality divorce agreements: the influence of facilitative professionals. NEGOTIATION JOURNAL. 2012;28(4):453–73.
IEEE
[1]
R. Baitar, A. Buysse, R. Brondeel, J. De Mol, and P. Rober, “Toward high-quality divorce agreements: the influence of facilitative professionals,” NEGOTIATION JOURNAL, vol. 28, no. 4, pp. 453–473, 2012.
@article{3066187,
  abstract     = {{Studies have reported that mediation has higher settlement rates than litigation. The quality of these agreements as experienced by the parties as well as the processes that contribute to this subjective experience remains underexamined, however. In a large, representative, and multidisciplinary study of divorcing couples, we studied the relationship between the practices of lawyers and mediators and the quality of agreements experienced by their clients. We used multiple regression analysis to reveal that divorce mediation is significantly more likely than litigation to produce high-quality divorce settlements. Furthermore, we found that high-quality divorce agreements were more likely to occur when mediators and lawyers were perceived to have worked facilitatively. In addition, we found that pre-divorce conflict levels were inversely correlated with the quality of agreements. Which party initiated the divorce, the parties' gender, and the type of legal divorce did not explain variances in the quality of the agreements. In this article, we also discuss the training and practice implications of our findings.}},
  author       = {{Baitar, Rachid and Buysse, Ann and Brondeel, Ruben and De Mol, Jan and Rober, Peter}},
  issn         = {{0748-4526}},
  journal      = {{NEGOTIATION JOURNAL}},
  keywords     = {{DOMESTIC VIOLENCE,DISPUTE RESOLUTION,INTERPARENTAL CONFLICT SCALE,CHILD-CUSTODY MEDIATION,LITIGATION,PERCEPTION,mediation,divorce,divorce attorneys,divorce mediators,divorce settlements,facilitative practice}},
  language     = {{eng}},
  number       = {{4}},
  pages        = {{453--473}},
  title        = {{Toward high-quality divorce agreements: the influence of facilitative professionals}},
  url          = {{http://dx.doi.org/10.1111/j.1571-9979.2012.00351.x}},
  volume       = {{28}},
  year         = {{2012}},
}

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