ourt. The Toronto study compared couples that mediated custody with those that litigated without mediation; only 10 percent of mediated couples returned to the courtroom after two years with problems related to custody or visitation, while 26 percent of the non-mediated couples were back in court within two years. (Herman, 1990)
             Herman (1990) demonstrates that there are significant challenges to the suitability of mediation in some custody disputes. He asserts that the assumption that mediation will deter the bitterness, disappointment, and anger of divorcing couples and lead them toward cooperation, understanding, and tolerance has not been documented. "Even a highly skilled mediator cannot compensate for the sharp differences in sophistication and power that often exist between divorcing spouses." (Herman, 1990, p. 56) In a small study of forty divorcing couples conducted at the University of Virginia, half the couples opted for mediation, while the other half litigated without mediation. The mothers in the mediation group reported more psychological distress than did the litigating mothers. (Herman, 1990)
             The issue of mandatory mediation of child custody cases has received criticism. Carol Bruch, professor of Family Law at the University of California at Davis, publicly testified before the New York state legislature about her concerns that children are not best represented in mediation and women are often at a distinct disadvantage. She observes that there is no research evidence to support a claim that children whose parents mediate custody settlements do better than children of litigating parents. Furthermore, she points to her own experience with family law attorneys and mediators to support her assertion that the husband and his views are accorded more respect than the wife and her views. (Herman, 1990)
             These conflicting viewpoints regarding the pros and cons of mediation in child custody disputes indicate a need for ad...