| Characteristics of conflict are an important factor relating to a family's functioning post-divorce. Families featuring high levels of intense and/or destructive conflict post-divorce are most at risk for maladjustment (Kelly & Emery, 2003). Previous research indicates that the use of mediation may shorten the adversarial process, produce more agreements, and foster more communication between parents when compared to litigation (Dillon & Emery, 1996; Emery, Laumann-Billings, Waldron, Sbarra & Dillon, 2001; Peeples, Reynolds, Harris, 2008). However, the notion that mediation reduces co-parental conflict in comparison to litigation is less straightforward. An analysis regarding the ability of mediation to transfer its theoretical premise of negotiation, interest-based problem solving, and balance of power to the management of co-parental conflict post-divorce is lacking in research. In this study, conflict frequency, conflict intensity, content of conflict, conflict resolution, and decision-making capabilities were analyzed in relation to divorce resolution procedure (mediation vs. litigation) and legal custody arrangement (joint vs. sole). It was hypothesized that parents who resolved their divorce using mediation would experience better outcomes related to conflict frequency, conflict intensity, conflict resolution, and equality in decision-making than parents who resolved their divorce through litigation. It was also hypothesized that parents who had a joint legal custody arrangement would experience better outcomes related to the dependent variables than parents who had sole legal custody arrangements. Finally, it was predicted that the combination of divorce resolution procedure and legal custody arrangement would interact to produce the most beneficial outcomes for parents who both mediated their divorce and had a joint legal custody arrangement.;Conflict frequency, conflict intensity, content of conflict, conflict resolution and decision-making ability were measured using self-reports. The sample consisted of 171 participants who were recruited from word of mouth, online parenting support groups and the Amazon mTurk crowdsourcing website. Participants completed an online survey consisting of the modified O'Leary-Porter Scale, the Revised Conflict Tactics Scale, the Ineffective Arguing Index and a scale developed by the researcher to assess decision-making capabilities. Retrospective data was also collected for conflict frequency, conflict intensity, and conflict resolution as a control for pre-existing differences between groups. Main effects and interaction effects were analyzed using a 2 x 2 Factorial ANOVA.;Results indicated that parents who resolved their divorce through litigation engaged in significantly more ineffective methods of conflict resolution than parents who resolved their divorce through mediation. Additionally, parents who had a joint legal custody arrangement reported their partner as engaging in significantly more negotiation when resolving conflict than parents who had sole legal custody. There were no significant differences in conflict frequency, conflict intensity, decision-making capabilities, and use of psychological aggression, and physical assault between groups. There was also no significant interaction effect between divorce resolution procedure and legal custody arrangement. Confounds in the study were related to non-randomization of the sample, reliance on self-report data, and/or an overrepresentation of joint legal custody participants. Clinical implications and ideas for future research were discussed. |
