Divorce and child custody resolution: conflicting legal and psychological paradigms

The resolution of divorce conflict, especially the determination of child custody, is a major social policy concern of both the legal and mental health professions. The differences between the adversarial and mediation legal approaches parallel the phenomenological/psychoanalytic and the family therapy models of the mental health field. A philosophical and practical relationship exists uniting the adversarial and phenomenological/psychoanalytic traditions, while mediation is strongly aligned with family systems theory and therapy. Each paradigm offers American families alternative methods of resolving disputes. A greater synthesis of paradigms is required to give effective help to divorcing couples and their children.