Introduction
In modern conditions, the efficient legal regulation of family disputes is an actual problem. Divorce is a very emotional type of conflict often characterized by an imbalance of power. This type of conflict must be resolved with the help of an independent mediator who can influence the situation conflict-free and favorably for both parties, regardless of prejudice. Family relations are considered some of the most complex and confusing.
Research Related to Divorce
This issue is caused by the fact that family, as a unique institute of society, has a specific influence on any person’s personality development. Studies on this subject conclude that regulation of family disputes should be aimed not only at their resolution based on the letter of the law but also at determining the conflict resolution process (Ellis, 2022). Therefore, the need to preserve the family’s material well-being and moral health should be considered.
Divorce influences people physically and mentally more than any other stressful situation, including widowhood. Looking at divorce as a form of conflict, researchers often resort to statistics confirming that the number of abandoned and divorced people in hospitals is increasing yearly (Brand et al., 2019). Divorce as a type of conflict is becoming more common and is influenced by numerous factors. The most common causes of divorce are economic factors, role competition, desire for independence, partner alcoholism, sexual incompatibility, and dissatisfaction with the partner’s social, intellectual, or household skills (Schramm & Becher, 2020). The divorce process usually entails numerous events that the parties perceive as stressful. At the same time, some researchers emphasize that divorce is a type of conflict in which mediator intervention is an absolute necessity (Raley & Sweeney, 2020). Stressors increase the risk of negative emotional, behavioral, and medical consequences, which can be prevented by contacting a specialist.
Primary Considerations during the Mediation Process
An alternative dispute resolution procedure such as mediation, especially in the sphere of relations connected with marriage dissolution and property division, is one of the most effective from the point of view of an amicable agreement achievement. Mediation can be sufficient even when conflict escalation and anger levels are high. Some people worry that they will not be able to negotiate effectively with the other party, which will cause them to lose (Brand et al., 2019). However, with a qualified mediator, the parties can trust that there will be no room for abuse.
The mediator acts in various roles throughout the process: conflict evaluator, active listener, impartial process organizer, generator of alternative proposals, and facilitator in helping the parties to achieve final agreements. Mediation, unlike a judicial resolution of a dispute, where the court makes a decision based on the rule of law in favor of one party or another, aims to reach a mutually acceptable compromise and preserve conditions for further cooperation of the parties (Ellis, 2022). The priority of mediation is the future relations of the parties rather than the legal assessment of claims, which are usually extra-legal. Concerning family legal relations associated with the dissolution of the marriage, the value of using the mediation procedure is seen in the preservation of conflict-free relations between the former spouses based on mutual respect.
Power Dynamics
Despite the normalization of divorce in modern societies, it is usually perceived by the participants as one of the most challenging events in their lives. Realizing one’s interests in an equitable negotiation process, and searching for and discussing solutions acceptable to each participant, is impossible when there is a significant power imbalance between the parties to the conflict (Brand et al., 2019). Continued domestic violence, for example, in the form of regular beatings, makes the mediation procedure inapplicable.
The mediator should inform the party about the services that provide legal and psychological assistance to victims of domestic violence. At the same time, the injured party can tell the mediator that her spouse was physically abusive but that it was several years ago, and one is not afraid of a repeat (Ellis, 2022). If the party is confident in this, mediation may be considered acceptable. Likewise, women who have been victims of violence often turn to mediators because they are looking for an opportunity to talk to their ex-partner in the presence of an independent third party. To address these issues, the participants can be offered a distance mediation procedure employing a video link as an alternative solution. Mediation can likewise occur in a shuttle format, which means separate meetings with the parties.
Biases of a Mediator in the Divorce Process
A professional’s neutral, impartial position is one of the fundamental principles in the ethical standards and requirements for almost every profession that involves working with people. It can be challenging in a divorce situation as it is an emotional conflict that is often accompanied by the desire of one party to take everything from the other, and violence and children can be involved (Raley & Sweeney, 2020). Like most people, I have a prejudice concerning clients who commit physical or psychological abuse, just as I have preconceived notions about the identity of the partner wanting everything or not providing support to the children. However, I comprehend that mediators should not impose their intentions and expectations on either the mediators or the process and outcome of mediation.
Conclusion
The reason for a divorce can be any trifle that overflows the cup of patience and signals to take action. Divorce, as a conflict type, is highly emotional, and the intervention of a mediator is necessary. The mediator can ensure that the situation is resolved calmly, considering the balance of power. However, it must be remembered that any prejudices must not influence the mediation process and that both parties must be equal.
References
Ellis, D. (2022). Evaluation of adversarial adjudication and divorce mediation as options for high-conflict parents experiencing divorce. Gender and Women’s Studies, 5(1), 2.
Brand, J. E., Moore, R., Song, X., & Xie, Y. (2019). Why does parental divorce lower children’s educational attainment? A causal mediation analysis. Sociological Sience, 6, 264-292. Web.
Schramm, D. G., & Becher, E. H. (2020). Common practices for divorce education. Family Relations, 69(3), 543-558. Web.
Raley, R. K., & Sweeney, M. M. (2020). Divorce, repartnering, and stepfamilies: A decade in review. Journal of Marriage and Family, 82(1), 81-99. Web.