Gentle Jeopardy: The further endangerment of battered women and children in custody mediation

Hart, Barbara

doi:10.1002/crq.3900070405

Cited by 72 publications

(68 citation statements)

References 9 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…Other scholars, however, argue that mediation is neither effective nor safe to use in relationships where IPA exists (e.g., Beck & Frost, 2006; Dalton, Carbon, & Olesen, 2003; Hart, 1990; Imbrogno & Imbrogno, 2000; Jaffe et al, 2003; Johnson, Saccuzzo, & Koen, 2005; Pearson, 1997; Salem & Dunford-Jackson, 2008; Tishler, Bartholomae, & Katz, 2004). The underlying assumptions of mediation are that cooperation between the parties is attainable, that there is little to no abuse among the parties, and that each party can adequately argue for his or her needs—erroneous assumptions when IPA exists (Beck & Frost, 2006; Johnson et al, 2005; Tishler et al, 2004).…”

Section: Family Court’s Role In Determining Abusers’ Access To Mothermentioning

confidence: 99%

“…Furthermore, several scholars have argued that mediators are unable to identify IPA, let alone equalize power imbalances (e.g., Hart, 1990). Subtle behaviors such as “a look” or a word that appears innocuous to an outsider (e.g., the mediator) can in reality be threats of future abuse (Stark, 2007).…”

Section: Family Court’s Role In Determining Abusers’ Access To Mothermentioning

confidence: 99%

See 1 more Smart Citation

Secondary Victimization of Abused Mothers by Family Court Mediators

Rivera

Sullivan

Zeoli

2012

Feminist Criminology

View full text Add to dashboard Cite

Family court often assists divorcing parties in establishing custody arrangements. Mediation is commonly used for custody negotiation; however, its applicability for cases involving intimate partner abuse (IPA) is debated. This study was designed to gain an in-depth understanding of abused mothers’ court mediation experiences and how those experiences impact future court help-seeking when the fathers of their children have been abusive to them. Most women experienced secondary victimization during mediation, which had a negative impact on their willingness to use the court in the future. Policy recommendations include screening for IPA, providing separate mediation sessions, and improving court mediators’ training.

show abstract

Section: Family Court’s Role In Determining Abusers’ Access To Mothermentioning

confidence: 99%

Section: Family Court’s Role In Determining Abusers’ Access To Mothermentioning

confidence: 99%

Secondary Victimization of Abused Mothers by Family Court Mediators

Rivera

Sullivan

Zeoli

2012

Feminist Criminology

View full text Add to dashboard Cite

show abstract

“…Feminists and victim advocates have argued that mediation is inherently unfair and unsafe for victims of domestic abuse (Hart 1990;Robertson and Busch 1998). Nonetheless, mediation as an alternative to prosecution has, overall, continued to expand.…”

Section: Introductionmentioning

confidence: 98%

The Brooklyn mediation field test

Davis

2009

J Exp Criminol

View full text Add to dashboard Cite

This paper describes an experiment in which 465 felony arrest cases in Kings County, NY, USA, were, randomly, either filed in court and prosecuted or sent to a dispute resolution center for adjudication. The cases all involved persons who were acquainted, and nearly half were either intimate partners or in other immediate family relationships. The results indicated that the mediation process was perceived more positively by complainants than was prosecution and that going through mediation enhances complainants' perceptions of their relationships with defendants to a greater degree than going through the court process. However, there was no evidence that mediation was no more effective than prosecution in preventing recidivism. Not surprisingly, in cases involving intimate partners or immediate family members, the offenders were most likely to experience continuing problems whether they were sent to mediation or were prosecuted. One of the values of this study is that, in the late 1970s, when this research was conducted, mediation was considered by many to be a legitimate alternative to prosecution in family violence cases, including cases arising from intimate partner violence. The data that we collected would be difficult to replicate in today's political climate. While our study did not find that mediation reduced the odds of recidivism in these cases, neither did we find that mediation made victims less safe. Thus, it partially supports the sentiments of researchers such as Braithwaite and Strang (Restorative justice and family violence. In Strang H, Braithwaite J (eds) Restorative justices and family violence. Cambridge University Press, Cambridge, UK, pp 1−22; 2002), who argue that-given the evidence for success of restorative justice in reducing re-offending in cases other than family violence-it is worth testing whether similar beneficial effects could be found in applying restorative justice approaches to family violence cases.

show abstract

“…Other researchers and practitioners argue that in couples where IPA is present, mediation should always be avoided (Astor, 1994;Hart, 1990;N. E. Johnson, Saccuzzo, & Koen, 2005).…”

mentioning

confidence: 97%

Validation of a Measure of Intimate Partner Abuse With Couples Participating in Divorce Mediation

Beck

Menke

Brewster

et al. 2009

Journal of Divorce & Remarriage

View full text Add to dashboard Cite

Critics of court mandated divorce mediation have raised awareness of the need for screening measures to assess intimate partner abuse. This study validates a new instrument that is a revised version of the Partner Abuse Scales developed by Walter Hudson in the 1990s. The Relationship Behavior Rating Scale (RBRS) correlates highly with the original scales and subscales developed from the original and RBRSitems have equally high reliability. The new scale is a reliable measure for intimate partner abuse in divorce mediation.

show abstract

Gentle Jeopardy: The further endangerment of battered women and children in custody mediation

Cited by 72 publications

References 9 publications

Secondary Victimization of Abused Mothers by Family Court Mediators

Secondary Victimization of Abused Mothers by Family Court Mediators

The Brooklyn mediation field test

Validation of a Measure of Intimate Partner Abuse With Couples Participating in Divorce Mediation

Contact Info

Product

Resources

About