Separation, domestic violence, and divorce mediation

Secondary Victimization of Abused Mothers by Family Court Mediators

“…Likely due to the collaborative nature of mediation, which allows parents to make their own decisions regarding custody and parenting time, mediation is purported to increase client satisfaction, decrease relitigation rates, and/or produce better outcomes for children (Cohen, Luxenburg, Dattner, & Matz, 1999; Kelly, 2004). Some scholars have argued that mediation is appropriate in cases involving IPA because mediators can balance the power inequities that exist in those relationships (Ellis & Stuckless, 2006a, 2006b). Others go so far as to say that mediation is an empowering, effective intervention that will end current abuse and reduce future abuse (Erickson & McKnight, 1993).…”

Abused Mothers’ Safety Concerns and Court Mediators’ Custody Recommendations

“…It is also purported to increase client satisfaction, decrease re-litigation rates, and/or produce better outcomes for children—likely due to the collaborative nature of mediation, which allows parents to make their own decisions regarding custody and visitation (Cohen et al, 1999; Kelly, 2004). Some suggest that mediators have the ability to balance the power inequities present in IPA—especially by making adjustments to the process (Ellis & Stuckless, 2006a, 2006b). Others go so far as to say that mediation is an empowering, effective intervention that will end current abuse and reduce future abuse (Erickson & McKnight, 1993).…”

“…Mediators, court staff, and researchers have reported the potential for mediation to be safer for survivors than traditional litigation due to mediators’ ability to promote safety by adjusting the process (Beck, Walsh, Mechanic, & Taylor, 2010; Ellis & Stuckless, 2006b; Pearson, 1997). However, Johnson and colleagues (2005) found that mediators failed to identify 15% of physically violent IPA cases.…”

Domestic Violence, Dove, and Divorce Mediation

“…First, it is not supported by research findings. Specifically, we found no evidence indicating that: (a) abused women are more likely than nonabused women to be the victims of physical violence and/or emotional abuse during and following their participation in divorce mediation or (b) abused women participating in divorce mediation are more likely to be victims of male ex‐partner violence than abused women participating in adjudication or lawyer‐negotiated separations/divorces (Ellis & Stuckless, 1992; Ellis & Stuckless, 1996; Ellis, 2000; Ellis & Anderson, 2005; Ellis, Stuckless, & Wight, 2006).…”

“…First, findings from a number of studies indicate that there are, minimally, two major types of male partner violence: control motivated and conflict instigated (Ellis & Stuckless, 1996; Ellis, Stuckless, & Wight, 2006; Johnson, 1979; Johnson & Leone, 2005). Yet, questions measuring both types of violence are either not included in assessment instruments (e.g., Erickson & McKnight, 1993; Woman Abuse Council of Toronto, 2000), or male partner violence is defined as control motivated and measured using an instrument (Conflict Assessment Protocol) designed to measure conflict instigated violence (e.g., Girdner, 1990).…”