| Don’t do it! That’s
what most of us learned in mediation training when it
comes to divorce cases in which domestic violence (D.V.) has
been identified.
In February, 2003, the Supreme Court of Ohio, Cleveland
Mediation Center, and local
Domestic Violence Center co-hosted training for mediators
and other professionals which
suggested there might be a little “wiggle room”
in that hard-and-fast rule.
In this training, we learned:
1. The dynamics of D.V. are insidious, sometimes subtle,
and very difficult to alter.
They also pose dangers to victims which can threaten
their lives, well-being, and financial and
family security.
2. Although it may be possible to mediate some issues
that occur in a relationship in
which D.V. is present, the violence itself should NEVER
be negotiated. D.V. is a crime and
should be treated as such.
3. Any family or divorce mediation case should include
some screening procedure to
rule out D.V. This may include questions such as, “When
you fight, are you ever scared?”
Questions should be asked in private rather than in
the presence of the other spouse, for
obvious reasons.
4. In the course of a mediation, there may be more
“sidebars” than in other cases. This
gives the mediator the chance to explore concerns, to
get information that may not be
otherwise forthcoming, and to ask permission to pursue
a particular strategy, e.g., “Is it OK
with you if I suggest such-and-such to your spouse?”
5. The victim of D.V. must be protected, to the best
of our ability, both during and
after mediation sessions. Two ways to do this are with
judicious referrals (such as to the
Domestic Violence Center’s 24-hour Helpline (216)
391-4357) and by building a safety plan
into the mediation.
6. One specific way of protecting clients may become
legally required if the Supreme
Court changes its “Rule 16” which governs
the practice of mediation with court referrals. If
these changes are passed, disputants/clients who are
referred by courts would be legally allowed
to have present in mediation an advocate or support
person. Some mediators already allow
this, helping to ensure that all mediation clients are
safe and that decisions arising from
mediation are not coerced in any way.
In many cases, victims of domestic violence should
not be considered for mediation.
However, some women who have received intensive counseling,
have become strong enough to
face their battering spouses and/or are weary at how
much time is involved in the traditional
divorce litigation process, are good candidates for
divorce mediation and are in fact opting
for mediation. Domestic violence certainly complicates
mediation. But a competent mediator who
understands the dynamics of D.V., includes a D.V. assessment
into the process, and builds safety
plans into the negotiations, can serve both parties
well. In this way the divorce or dissolution can
be completed safely, quickly, and fairly.
|
