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Responsible Mediation and Domestic Violence
March 31 of this year marked the start of a potentially interesting dialogue. Family and divorce mediators had a joint, all-day conference at the Association of the Bar of the City of New York with an impressive array of professionals who have regularly worked and advocated for domestic-violence victims for decades. Since the inception of family and divorce mediation, mediators have struggled with the issue of whether cases involving domestic violence ' any kind of domestic violence ' should preclude mediation from occurring. Most advocates in the domestic violence community have been clear for some time: There should be no mediation when domestic violence is involved. Studies show that divorce and separation are dangerous periods for victims of domestic violence, and professionals in both fields want to protect victims' legal rights, as well as their physical and emotional well-being. But is there a process that can protect them to the extent we imagine? The New York City Bar's conference was just the beginning in exploring solutions.
The conference was a true effort to help mediators better understand domestic violence and to help them begin building a stronger relationship between professionals in both the domestic-violence-prevention community and the mediation community. I took away a variety of statistics, information regarding defining abuse, understanding better who an abuser and victim may be, and ' most importantly to me as a mediator ' a greater understanding of how to screen for domestic violence.
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