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Sex and History: The Effects of Attorney Gender, Prior Mediation, and Litigation on Conciliation Court Mediation Outcome and Parent Attitudes

Swenson, Leland C.. Family and Conciliation Courts Review, Jan. 1, 1992

This study examines the effects of client and attorney gender, settlement rate and prior use of mediation or litigation on parental perceptions of their experiences participating in a mediation to resolve a child custody dispute. Information was gathered by giving parents who participated in mediation an exit survey consisting of 18 questions. The author found the following: a mediation that did not result in settlement was found to be less productive if the attorney was female; prior mediation affected the sense of productivity of a mediation only if the attorney was female; female attorneys presented mediation more positively to female clients who did not settle than to male clients who did not; clients who received more favorable input about mediation were more likely to settle; if mediation was not mandatory, male clients were more likely than female clients to take settlement rates into consideration; and clients who were represented were more likely to be satisfied with mediation than clients who were not represented.

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