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

Raines, Susan S.; Choi, Yeju; Johnson, Joshua M.; Coker, Katrina

doi:10.1111/fcre.12246

Cited by 6 publications

(6 citation statements)

References 31 publications

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“…Specifically, scholarship has discussed concerns over IPV screening (or lack of screening), mediation procedures to be used in cases of IPV, safety of victims during and after mediation, and safety regarding the terms of agreements. There is also scholarship that investigates satisfaction rates of mediation clients who report and who do not report IPV (Raines, Choi, Johnson, & Coker, 2016).…”

Section: Research Studymentioning

confidence: 99%

Preparing Mediators to Mediate Cases Reporting High IPV in a Randomized Controlled Trial: The Importance of a Mediation Manual, Training, and Consultation

Applegate¹,

Beck²,

Adams³

et al. 2021

Family Court Review

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This article addresses the training of mediators participating in a randomized controlled trial (“RCT”) that examined the outcomes of family law cases with children in which parents reported high or concerning levels of intimate partner violence (“cases reporting high IPV”). In the RCT, we studied two specialized forms of mediation designed to protect the safety of IPV survivors (shuttle or videoconferencing) compared to each other and to traditional litigation. In implementing the RCT, the researchers utilized a three‐part program to train the participating mediators with: (1) a manual; (2) in‐person training; and (3) ongoing peer consultation. Though this three‐part training regimen is utilized in RCT research scientifically testing interventions, to our knowledge this was the first such training program in the mediation context. Results supported a finding that the combined use of a manual, training, and peer consultation is helpful for mediators who lack prior training in mediating cases reporting high IPV by providing protocols to conduct mediation in these cases and helping ensure participant safety and satisfaction. The researchers were fortunate to collaborate with a mediation program that understood and appreciated the need for, and the importance of, this three‐part training program to test the two models of mediation. The researchers hope other mediation programs will consider the use of these tools to better train mediators, thus benefitting the parties involved in mediation, particularly those in cases reporting high IPV.

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Section: Research Studymentioning

confidence: 99%

Preparing Mediators to Mediate Cases Reporting High IPV in a Randomized Controlled Trial: The Importance of a Mediation Manual, Training, and Consultation

Applegate¹,

Beck²,

Adams³

et al. 2021

Family Court Review

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“…Mediation has become a standard way that divorces are handled in the USA (Raines et al , 2016), particularly in jurisdictions (such as those analyzed for this paper), where mediation is required prior to any hearing involving a judge. Mayer (2013) suggests this mandate was made to create a better process and outcome for the parties.…”

Section: Family Law Mediationmentioning

confidence: 99%

Negotiating violence in family law mediation

Behounek¹,

Miller²

2021

JACPR

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Purpose The purpose of this study is to understand mediation in divorce cases where intimate partner violence (IPV) is a concern. These cases may involve managing power imbalances, coercive control or risk for continued violence. Design/methodology/approach In this paper, the authors use feminist and sociological theoretical approaches and grounded theory to analyze triangulated ethnographic data to explore how mediators construct and manage the issue of IPV in mediation. Findings The results indicate that mediators often share a common discourse about IPV that asserts that mediators are professionals with the skills to both identify IPV and to appropriately conduct mediations where IPV is present. However, to achieve successful mediations mediators sometimes choose to discount the seriousness of IPV in assessments. They also use a set of fluid strategies to handle potential power imbalances that allow them to represent themselves as unbiased, even while those strategies risk the equity of the mediation. Practical implications The authors share several strategies that could enhance the social justice of the process for all parties, including uniformity in assessing whether IPV is a concern and oversight of mediators’ practices and training. Social implications The results indicate mediators often share a common discourse about IPV that asserts mediators are professionals with the skills to identify IPV and to appropriately conduct mediations where IPV is present. To reach settlement mediators use a set of fluid mediation and accommodation strategies to handle potential power imbalances due to IPV that allow them to represent themselves as impartial, even while those strategies may risk equity in the mediation. Originality/value The unique data provide a behind-the-scenes look at mediation generated from participant observation of mediation training and actual mediations, along with interviews with 30 practicing mediators.

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“…The presence of IPV/A clearly impacts and reduces the rates of settlement in mediation (Raines et al, ). Kelly () and Beck et al () both found that high levels of conflict predicted lower mediation settlement rates.…”

Section: Review Of the Literaturementioning

confidence: 99%

“…In the relatively early days of divorce and family mediation, back in the 1980's and early 1990's, many domestic violence (DV) advocates were concerned that mediation would lead to unfair and coerced agreements (Pearson & Thoennes, ; Steegh & Dalton, ). In the intervening decades, mediation has become commonplace even in cases where allegations of domestic abuse exist (Raines, Choi, Johnson, & Coker, ). Yet many of the critical assumptions underlying concerns surrounding domestic violence and mediation have not been empirically tested.…”

Section: Introductionmentioning

confidence: 99%

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How does domestic violence influence the likelihood of settlement in mediation? New data answers old questions

Raines

Indovina

2020

Conflict Resolution Qtrly

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This study seeks empirical evidence to answer critical questions surrounding domestic violence (DV) and mediation: Are survivors of DV being coerced into reaching unfair and unsafe agreements? Do all DV behaviors have the same impact on settlement? Does stalking predict impasse less than a history of physical violence? Do survivors feel safe in mediation compared to adjudication or attorney‐negotiated settlement? This study answers these critical questions in order to understand which cases are likely to benefit from mediation. This research empowers screeners, mediators, court employees and attorneys to better discern which cases are most likely to benefit from mediation.

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

Cited by 6 publications

References 31 publications

Preparing Mediators to Mediate Cases Reporting High IPV in a Randomized Controlled Trial: The Importance of a Mediation Manual, Training, and Consultation

Preparing Mediators to Mediate Cases Reporting High IPV in a Randomized Controlled Trial: The Importance of a Mediation Manual, Training, and Consultation

Negotiating violence in family law mediation

How does domestic violence influence the likelihood of settlement in mediation? New data answers old questions

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