Does Level of Intimate Partner Violence and Abuse Predict the Content of Family Mediation Agreements?

Abstract

This study investigated whether reported levels of intimate partner violence (IPV) and/or abuse (IPV/A) victimization are related to reaching agreement and to the content of mediation agreements of parties seeking to resolve family‐ and child‐related issues. Whether or not parties reached agreement was analyzed for 105 cases at a law school mediation clinic. Agreement content was coded for the 71 cases that reached agreement. Levels of IPV and IPV/A were determined separately for males and females, using a standardized measure. Regression models were utilized to examine reports of IPV or IPV/A as predictors. Results indicated that mediation may help families with a reported history of IPV and IPV/A address a variety of concerns; levels of partner violence/abuse predicted numerous issues in mediation agreements, including arrangements regarding legal custody, parenting time, holidays, child exchanges, interparental communication, safety restrictions, counseling referrals, child support, financial arrangements, and other miscellaneous topics (e.g., relocation). However, some findings were consistent with concerns raised about the use of mediation with parties reporting IPV and IPV/A; for example, increasing levels of male‐perpetrated IPV/A predicted increased likelihood of making an agreement to share legal custody. Further research is needed to resolve the longstanding debate of whether divorce mediation is an effective and safe process for parties demonstrating IPV/A. This study adds to the debate of whether divorce mediation is an effective and safe process for parties demonstrating IPV/A. It examines whether reported levels of IPV and IPV/A victimization are related to reaching agreement and to the content of mediation agreements of parties seeking to resolve family‐ and child‐related issues. Results provide some evidence that mediation may help families with a reported history of IPV and IPV/A address a variety of concerns. However, some findings are consistent with concerns raised about the use of mediation with parties reporting IPV and IPV/A. Findings have implications for the practice of family mediation with parties reporting a history of IPV or IPV/A.

Safety, Satisfaction, and Settlement in Domestic Relations Mediations: New Findings

“…While the studies of Beck et al () and Rossi et al () are very meaningful, their studies are different than ours in important ways. These two studies rank ordered IPV cases from least to most severe IPV.…”

“…Similarly, Ballard et al () argues that IPV is a significant predictor of agreement because couples without IPV showed a 2.8 times higher possibility of reaching full agreement than couples with IPV. Rossi et al () found an interesting result; males reporting higher levels of IPV/A predicted lower settlement rates. According to Rossi et al (), this result may imply that male victims feel sufficiently empowered to discuss their interests and that they have to reach an agreement in mediation.…”

“…Rossi et al () found an interesting result; males reporting higher levels of IPV/A predicted lower settlement rates. According to Rossi et al (), this result may imply that male victims feel sufficiently empowered to discuss their interests and that they have to reach an agreement in mediation.…”

“…Several studies have examined the relationship between IPV/A and settlement rates (Wissler, ; Tishler et al, ; Beck et al, ; Ballard et al, ; Putz et al, ; Rossi et al, ). Tishler et al () found no significant difference in settlement rates between couples with IPV/A and couples without IPV/A.…”

“…They argue that survivors of IPV/A may reap benefits from mediation and the process can be made relatively safe in most cases (Rossi, Holtzworth‐Munroe, & Applegate, ; Putz, Ballard, Arany, Applegate, & Holtzworth‐Munroe, ; Mathis & Tanner, ). So far, the literature has not reached any conclusions as to whether mediation results in better or worse outcomes than litigation for the victims of IPV/A (Putz et al, ; Rossi et al, ). Also, we do not know whether mediation is more or less safe for victims of IPV/A than adjudication.…”