NCJ Number
89839
Date Published
1982
Length
15 pages
Annotation
Mediation techniques must be adjusted to deal with the particular dynamics of domestic abuse cases, notably by equalizing the power of the abuser and the victim in the mediation process and by making the cessation of the violence a primary objective of the mediation.
Abstract
Mediation of any case in which one person has been physically abused should focus primarily on preventing subsequent abuse. Further, the balance of power between the parties in the mediation process can be facilitated by requiring each party to participate in several weeks of separate counseling before attempting mediation, beginning mediation by meeting separately with the parties, and by using advocates to represent each party rather than by requiring each party to speak for himself/herself. All cases should be screened for a history of abuse, and where abuse has occurred, it should be addressed during mediation even if it was not the presenting issue. The mediation of domestic violence cases can be structured to maximize opportunities for enforcement by (1) conducting mediation as part of a deferred prosecution program, (2) using periodic followup interviews to identify violations of agreements and reporting violators to the prosecutor's office, and (3) encouraging the victim to seek more formal remedies concurrent with mediation. Also, the mediation agreement should focus on measures that will serve the victim's safety, and significant problems should not be ignored for the sake of reaching an agreement. The foregoing guidelines presume that mediators are trained in the nature and dynamics of domestic violence. Ten footnotes are provided.