What If There Has Been Domestic Violence?

All family mediators should be knowledgeable and skilled in the screening and referral of cases involving abusive relationships. They should be able to explain the potential risks and benefits of mediation when control, abuse, and violence issues exist. Any mediator who handles such cases should have special training in domestic violence issues and should offer special techniques and procedures to minimize risk and maximize safety of all participants.

If you decide to try mediation, it is important to let the mediator know about the abuse or violence. Some ways you can tell the mediator include asking your lawyer to tell the mediator, or telling the mediator yourself. You can tell the mediator yourself in the initial telephone call, or when filling out any written questionnaires. If there is an active restraining order, make sure the mediator knows about it before the first session.

Ask what domestic violence training the mediator has had and if the mediator has worked with similar cases. Ask whether or not the mediator believes your case is suitable for mediation and why. Ask how the mediation process can be modified to make it safer and more fair. Can the mediation be done by telephone or in separate sessions ("shuttle mediation")? Can a support person (domestic violence advocate or your attorney) be present during the mediation? If your case is not suitable for mediation, what are your alternatives? Ask for referrals to other resources, such as a local domestic violence counselor.

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Ronald Williams,   Yeadon PA	01/23/02
The Mediator must be aware of the rising propensity of false allegations of domestic violence in a parties interest for tactical advantage. If mediation is to be helpful we need to stop hiding behind platitudes and political stereotypical jargon. Rather we must accept the challenge we confronted when we first decided to become a Mediator. I believe that challenge to be one of judicial reform. Add New Comment

Tomas ,   Aguadilla PR	05/07/01
Domestic Violence and Other Issue
There are many issue that could be solve thru mediation in cases of domestic violence. For example issue of visitation, parenting rights, alimony and property division. However a mediator must be cautious when dealing with the victim and the offender. If there is a court protective order the mediator should request the presiding judge in the matter to authorize a mediation. The mediator should inform the judge what issue will be mediate. The mediation can take place in two ways. It could be mediate in a conjoint mediation or thru caucus at all time. if there is the least sign that the ofender may manipulate the victim then mediation should be stop and the judge notify. Add New Comment

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