As more and more Americans are being affected by divorce, attention to
its psychological and social repercussions becomes crucial. The impact upon
society of individuals isolated and alienated by divorce can be devastating.
Moreover, overcrowding in our Domestic Relations court system has reached
crisis proportions with professionals and consumers alike crying out for relief.
The legal system has struggled to meet these challenges with relatively new concepts
such as no fault divorce and joint custody. However, even these
developments have left major gaps in our attempts to resolve the problems.
Divorce mediation fills those gaps. It not only addresses the problems of alienation
and overcrowding but also facilitates the use of the other innovations.
It is small wonder that divorce mediation has become increasingly accepted
in this country in recent years. In 1980 Congress passed the Dispute Resolution
Act recognizing mediation as a valuable process. '
1 8 The National Association
of Conciliation Courts estimates that mediation services are now available
in over forty states. I"9 Twenty-three states now use mediators in their courts
and social service agencies.' 20 "In the private sector, hundreds of individuals