Is Domestic Violence Relevant?

Abstract

Mediation is an essential component of custody evaluation and reconciliation services in domestic courts. Data from 306 couples with and without a reported history of domestic violence (DV) who were ordered to attend an assessment for mediation were analyzed to determine differences in the mediation process. More than one third reported a history of DV. Chi-square analysis showed that differences in the mediation process exist between couples reporting DV and couples reporting no DV. A greater proportion of couples with reported DV (a) actually attended the court-mandated assessment session, (b) were deemed unsuitable to participate in the mediation process, (c) were in default of child-support payments, and (d) reported drug and alcohol abuse. No significant differences were found between the two groups in the measured mediation outcomes. Implications for the use of mediation with couples who reported DV and recommendations for future research are discussed.

Secondary Victimization of Abused Mothers by Family Court Mediators

“…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).…”

“…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). Mediation also assumes that neither party is at fault and that both parties need to change (Imbrogno & Imbrogno, 2000).…”

Abused Mothers’ Safety Concerns and Court Mediators’ Custody Recommendations

“…Many IPA scholars, however, argue that mediation is neither effective nor safe when IPA exists (e.g., Beck & Frost, 2006; Dalton et al, 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 concept of mediation assumes that cooperation is attainable, there is little to no abuse among the parties, and each party can adequately argue for his or her needs—false assumptions when IPA is present (Beck & Frost, 2006; Johnson et al, 2005; Tishler et al, 2004).…”

“…The concept of mediation assumes that cooperation is attainable, there is little to no abuse among the parties, and each party can adequately argue for his or her needs—false assumptions when IPA is present (Beck & Frost, 2006; Johnson et al, 2005; Tishler et al, 2004). Forcing victims to be present with, and argue against, their abusers can be unsafe, and abusers’ patterns of power and control may continue in mediated settings, causing survivors to be less able to negotiate for safe custody arrangements or financial resources (Hart, 1990; Imbrogno & Imbrogno, 2000; Johnson et al, 2005).…”

Efficacy of family mediation and the role of family violence: study protocol

“…A few studies provide conflicting findings: family violence was adequately screened and monitored in one study [57], and separated couples can achieve comparable levels of agreement, despite different violence histories [58]. However, this is not so true for serious violence.…”