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Mediation & Domestic Violence
Kristine Paranica, Executive Director, Conflict Resolution Center, University of North Dakota
Certified Transformative Mediator™
Fellow of the Institute for the Study of
Conflict Transformation
The Mediation Process
Mediation is:
UNIQUE: Provides parties a unique opportunity to manage and resolve conflict through dialogue
CLIENT CENTERED: A process where the client’s goals drive the discussion and override the mediator’s desire for settlement
DECISION-FOCUSED: Used by anyone who faces conflict and needs to make decisions. It can be therapeutic but must not be therapy nor the practice of law (most advice is ethically prohibited)
What Sets Mediation Apart and Makes it Unique –
3 Keys:
Self-Determination
Impartiality
Confidentiality
Self - Determination
Capacity to make decisions that are: Voluntary Uncoerced Freely made In consideration of
client capacity Safe for all
Avoiding: Undue Influence Coercion Threats against the
Person Property Dependents Pets
Definition of Domestic Violence
Non-reciprocal Cyclical:
Starts with a build up of tension, Leads to a violent incident Follows by a period of calm and remorse Repeats at greater frequency and severity Is ultimately lethal if the cycle is unbroken
(Lenore Walker)
How Violence Prevents the Exercise of Self-Determination:
Batterer Intent:
to control and dominate a person Uses abusive tactics to intimidate or threaten a
victim into compliance. Based upon sense of entitlement by batterer Often “triggered” by victim’s attempts to assert
independence or disagree with perpetrator. Violence escalates in severity and frequency. When is likelihood of violence greatest?
Batterer Characteristics
Superior in charge / Head of household Objectify the person / Name calling Selfish - their gain is someone else’s loss Little or no consequence for their actions Refuse to take responsibility for behavior Jealous & possessiveness Public vs. private behavior Manipulative – of partner AND of system
USINGINTIMIDATION
USINGEMOTIONALABUSE
USINGISOLATION
MINIMIZING,DENYINGAND BLAMING
USINGCHILDREN
USINGECONOMICABUSE
USINGCOERCIONAND THREATS
USINGPRIVILEGE
PowerAnd
Control
Developed by:Domestic Abuse Intervention ProjectDuluth, MN, 218-722-4134
National Center on Domestic and Sexual Violencewww.ncdsv.org
Causes and Misconceptions of Domestic Violence:
Intimate Partner Violence is a CHOICE! It is learned through observation (family, friends, school, media, etc.), it is learned in culture and society, it is learned through experience and reinforcement.
Domestic violence is NOT caused by Alcohol or drugs The relationship or the victim Anger or stress The batterer being out of control
Issues of Safety
Can we make it safe?
Who has expertise?
Safety Strategies:Pre-Mediation
Mediation
Post-Mediation
Services
Referrals
*Separate rooms do NOT = Safety
Screening Tools
Strategies for Identifying Intimate Partner Violence
What is the Context?
Broad Considerations for Mediators:
INTENT in offender’s use of violence MEANING of the violence to the victim EFFECT of acts on the victim How this incident fits with PREVIOUS
PATTERNS of behavior
How does screening work in Mediation? Before:
Initial Phone Call Ask if they have any concerns Check to see if they have advocates, etc.
Pre-Mediation Intake or Orientation Separate Meetings with both parties
Face to Face Different dates/times Open questions Screening tool if appropriate
Areas to Inquire: Control, Coercion, Intimidation, FearHow are/were decisions made in your marriage/relationship?
What happens when you speak your mind and express your point of view to the other party; when you and the other party fight and/or are angry at each other?
Talk about the worst fight you have ever had. What did it look like? What was said? What happened? Talk about the most recent fight you have had. What did it look like? What was said? What happened?
Has the other party ever prevented you (or tried to prevent you) from having contact with family or friends, or your children?
Has the other party ever denied you access to money for food, shelter, clothing, medical needs?
Has the other party ever threatened to hurt or kill you or him/herself?
Do you have any concerns about sitting in the same room mediating with the other party? Would they remain if you had an advocate with you?
Lethality Questions
Risk Questions: Do you think he/she will seriously injure or kill
you or your children? What makes you think so? What makes you think not?
How frequently and seriously does he/she intimidate, threaten, or assault you?
Describe the most recent event. Describe the most frightening event/worse
incidence of violence. Weapons in the house? Pets injured?
MAKING A DECISION ABOUT WHETHEROR NOT TO MEDIATE…
Party is in Immediate Danger No Apparent Immediate
Danger, but the Abused Party Disclosed Violence by or Fear of the Other Party
Non-Violent, but Abusive/Controlling
Protection Order/Restraining Order In Effect
Safety PlanningScreening is an ongoing process (before, during, and sometimes after mediation) What feels safe to a person in mediation? Signals between client and mediator in the
event client sees indicators of violence Exit planning: before, during, after Mediation Identify who to call and where to go for help;
Support availability (family, friends, advocate) What safety plans have worked in the past? Mandatory Reporting & Confidentiality
Services 24-Hour Crisis Line
National Hot Line: 1-800-799-SAFE Shelter / Violence Intervention Centers Protection Order / Disorderly Conduct
Restraining Order Crisis Counseling Individual and Group Counseling Advocacy and Referrals Safety Planning
Questions?
2012 ND Law ReviewDomestic Violence & Sexual AssaUlt
Symposium