Mediation - A New Remedy for Cases of Domestic Violence (From Alternative Means of Family Dispute Resolution, P 363-399, 1982, Howard Davidson et al, ed.)

• NCJ Number: 89836
• Author(s): C A Bethel; L R Singer
• Date Published: 1982
• Length: 37 pages
• Sale Source: American Bar Assoc
• Language: English
• Country: United States of America
• Note: Reprinted with permission from Vermont Law Review, Vol. 6, no. 2 (Fall 1981) and Vol. 7, no. 1 (Spring 1982).

Annotation

The best evidence from the District of Columbia Mediation Service (DCMS) experience and from that of other mediation centers evaluated indicated that mediation can provide an effective remedy for many victims of domestic violence.

Abstract

In this study, mediation is considered effective if (1) there is a greatly reduced likelihood of any further violence or threatening behavior; (2) the process is perceived as fair by both complainant and respondent; and (3) the process is no more time-consuming or costly than alternative remedies likely to be available for that class of dispute. A recent study of followup data for DCMS from August 1980 through January 1981 shows two noteworthy characteristics of domestic cases involving assaults or threatened assaults. First, parties in these cases do not differ significantly in their satisfaction with mediation or in the success of their agreements from disputants in domestic cases generally or from disputants in all nondomestic cases. This suggests that domestic assault cases are not less suitable for mediation than other interpersonal disputes, at least as they are screened at DCMS. Also, the data show a high proportion of mediated agreements being adhered to at least 2 months after hearings were held. Over 90 percent of complainants and 80 percent of respondents told mediation staff the opposing party was keeping the agreement. Not all domestic violence cases are suitable for mediation, however, notably those cases of serious repeated physical abuse. Nor may mediation be possible if the complainant is too fearful of the respondent to make his/her own decisions. Principles to which a mediation program should adhere if it is to provide effective mediation, particularly in domestic violence cases, are stated. Thirty-seven notes are provided.