Divorce Mediation and Domestic Violence in the United States, 1993 (ICPSR 2561)

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Study Purpose View help for Study Purpose

As mediation becomes more common in the court system, and as the widespread nature of domestic violence becomes more apparent, the appropriateness of divorce mediation in domestic abuse cases has become an issue of increasing national importance. While the strongest criticisms have been directed toward the practice of mandating abused women to participate in divorce mediation, some battered women's advocates object to the use of divorce mediation when there has been any domestic assault. Concerns about divorce mediation in cases where there has been domestic abuse include the following: (1) Mediation decriminalizes domestic abuse and encourages a conciliatory approach that does not hold the abuser accountable for his behavior, and the abuser may learn there are no adverse consequences to violence. (2) Victims might be made to feel partially to blame for the abuse. (3) Ensuring the safety of the victim during a process that allows the abuser to know the time and place his or her partner will be present for mediation becomes an important issue. (4) Power imbalances introduced by domestic violence may render mediation inherently unfair. (5) The conjoint and compromising nature of mediation may discourage abused victims from expressing their anger and deny them the benefits that expressed anger can bring. (6) Joint custody arrangements favored by mediators may run counter to what is best for the victim and their children. (7) Mediation may erode the victim's financial status and deprive him or her of the economic advantages they may have won through divorce litigation. (8) Questions arise regarding the caliber of court-based and community-based divorce mediation programs and the ability of staff to properly screen and handle cases with domestic abuse. However, most mediators and their supporters believe that mechanisms such as screening, individual caucusing, and the use of advocates in mediation sessions can help mitigate safety and fairness concerns in domestic violence cases. This study provides information on mediators' and court administrators' handling of these situations by focusing on: (1) whether and how mediators and court staff attempt to gauge the level of domestic abuse and the capacity of divorcing parties to mediate, and (2) common adjustments to the divorce mediation process made to enhance safety in cases with domestic abuse.

Study Design View help for Study Design

Data collection involved a collaboration with the Association of Family and Conciliation Courts (AFCC) in the administration and analysis of this survey. Court programs providing divorce mediation and/or custody evaluations in 1993 were targeted. The questionnaire was mailed in late 1993 to 200 institutional members of the AFCC and active providers of family and divorce services in the National Center for State Courts database. A total of 149 public-sector divorce mediation and custody/visitation counseling providers responded with information on their official policies and procedures for identifying domestic violence among the population served, and divorce mediation practices and policies in cases with allegations of spousal violence.

Sample View help for Sample

Institutional members of the Association of Family and Conciliation Courts (AFCC) and active family and divorce service providers from the National Center for State Courts database.

Universe View help for Universe

All public-sector divorce mediation providers in the United States.

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Description of Variables View help for Description of Variables

Variables examining mediation include whether participation in divorce mediation is at the request of one or both parties, recommended by some or all judges, or mandated by court rule, practice, or state statute, how decisions are made to exclude cases from divorce mediation due to domestic violence, how decisions are made about special approaches to use in cases of domestic violence, the percentage of cases eliminated from divorce mediation due to concerns of domestic violence, procedures the program uses to determine if a referral is appropriate for divorce mediation, the number and type of questions asked of clients to screen for domestic abuse, who reviews the screening questionnaire and conducts the screening interview, opportunities either party had to obtain information or approach program staff about concerns regarding the appropriateness of divorce mediation, steps taken when the program determines that domestic violence has occurred, who has the authority to decide if divorce mediation will take place, types of follow-up questions asked of the victim and the abuser when domestic abuse is reported, issues not negotiable in divorce mediation when domestic abuse has been identified, and the type and number of hours of domestic abuse training received by the program's mediators. Custody/visitation evaluation variables include how custody/visitation evaluations are initiated, if and how the statute or local court rule makes special provisions for custody evaluation in cases involving domestic abuse, procedures the program uses to gather information about parents in custody/visitation evaluations, number and type of questions asked of clients to screen for domestic abuse, who reviews the screening questionnaire and conducts the screening interview, how often various techniques in conducting sessions are used by counselors when domestic abuse is reported, percentage of custody/visitation evaluations conducted as separate, individual sessions only, a mix of joint and separate sessions, or joint sessions only, and the type and number of hours of domestic abuse training received by the program's counselors. Variables providing general information include number of paid professional staff, number of custody/visitation mediations and custody/visitation evaluations completed in the previous year, population of the jurisdiction, the program's relationship to the court, types of orientation programs for parents provided by the court, if the community has any supervised visitation services, and the city and state in which the program is located.

Response Rates View help for Response Rates

A total of 149 questionnaires were returned, which comprised a response rate of 75 percent.

Presence of Common Scales View help for Presence of Common Scales

None.

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Original Release Date View help for Original Release Date

1999-07-01

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