Shuttle and Online Mediation: A Review of Available Research and Implications for Separating Couples Reporting Intimate Partner Violence or Abuse

Whether family law cases with a history of severe intimate partner violence and/or abuse (IPV/A cases) should have the option of settling family‐related issues using mediation is the subject of significant debate. Recommendations for potentially safer ways to mediate IPV/A cases have been developed, including shuttle and online mediation. Given the current lack of research on these forms of mediation with IPV/A cases, we review the research on shuttle and online mediation in other contexts and theorize how the findings might apply to IPV/A cases. We argue that, although online and shuttle mediation may benefit IPV/A cases, aspects of these procedures require special considerations.     

Does Level of Intimate Partner Violence and Abuse Predict the Content of Family Mediation Agreements?

This study investigated whether reported levels of intimate partner violence (IPV) and/or abuse (IPV/A) victimization are related to reaching agreement and to the content of mediation agreements of parties seeking to resolve family‐ and child‐related issues. Whether or not parties reached agreement was analyzed for 105 cases at a law school mediation clinic. Agreement content was coded for the 71 cases that reached agreement. Levels of IPV and IPV/A were determined separately for males and females, using a standardized measure. Regression models were utilized to examine reports of IPV or IPV/A as predictors. Results indicated that mediation may help families with a reported history of IPV and IPV/A address a variety of concerns; levels of partner violence/abuse predicted numerous issues in mediation agreements, including arrangements regarding legal custody, parenting time, holidays, child exchanges, interparental communication, safety restrictions, counseling referrals, child support, financial arrangements, and other miscellaneous topics (e.g., relocation). However, some findings were consistent with concerns raised about the use of mediation with parties reporting IPV and IPV/A; for example, increasing levels of male‐perpetrated IPV/A predicted increased likelihood of making an agreement to share legal custody. Further research is needed to resolve the longstanding debate of whether divorce mediation is an effective and safe process for parties demonstrating IPV/A.

Key Points for the Family Court Community
• This study adds to the debate of whether divorce mediation is an effective and safe process for parties demonstrating IPV/A.
• It examines whether reported levels of IPV and IPV/A victimization are related to reaching agreement and to the content of mediation agreements of parties seeking to resolve family‐ and child‐related issues.
• Results provide some evidence that mediation may help families with a reported history of IPV and IPV/A address a variety of concerns.
• However, some findings are consistent with concerns raised about the use of mediation with parties reporting IPV and IPV/A.
• Findings have implications for the practice of family mediation with parties reporting a history of IPV or IPV/A.

     

THE MEDIATOR'S ASSESSMENT OF SAFETY ISSUES AND CONCERNS (MASIC): A SCREENING INTERVIEW FOR INTIMATE PARTNER VIOLENCE AND ABUSE AVAILABLE IN THE PUBLIC DOMAIN

Screening for intimate partner violence and/or abuse (IPV/A) in family mediation is important, perhaps particularly among cases without attorney representation. While most mediators agree that it is ideal to consider IPV/A in case planning, there is less agreement regarding the need to universally and systematically screen for IPV/A among all cases. Such attitudes are of concern, given research in other fields (e.g., medicine, couples therapy) and our own research in a family mediation clinic, which documents that the lack of consistent and formal IPV/A assessment results in underdetection of IPV/A. While a variety of IPV/A screening measures exist, each has shortcomings. Thus, our research and clinical experience led us to develop a new IPV/A screening measure, the Mediator's Assessment of Safety Issues and Concerns (MASIC). We discuss features of the MASIC and provide the full measure in the Appendix. The MASIC is a behaviorally specific IPV/A screen that assesses various types of abuse (e.g., coercive control, stalking, physical violence) over the course of the relationship and in the past year. It is administered as an interview to build rapport and assesses lethality indicators and offers optional recommendations for procedural changes in mediation based on IPV/A. Although we have begun relevant research, it is important to note that the MASIC has not yet been validated. Nonetheless, we recommend the use of systematic IPV/A screens in family mediation and suggest that such measures may prove especially important in providing unrepresented parties a safe and appropriate environment for mediation.     

Safety,Satisfaction, and Settlement in Domestic Relations Mediations: New Findings

Researchers and mediators have long been concerned about coercion, intimidation, and safety threats that could occur in mediation for cases where previous violence between the parties has occurred. Most of the research focuses on screening tools to identify parties at risk. When parties screen positive for intimate partner violence (IPV), some proceed to mediation and some do not, depending on the policies of individual mediation programs. But this misses a step: Some cases may benefit from mediation while others won't, but how can we predict whether mediation will be useful and safe in specific instances? This study uses survey data obtained from parties in domestic relations mediations to examine issues of safety, satisfaction, and settlement in the presence of various IPV behaviors.     

The Influence of Victim Vulnerability and Gender on Police Officers’ Assessment of Intimate Partner Violence Risk

This study investigated the influence of victim vulnerability factors and gender on risk assessment for intimate partner violence (IPV). 867 cases of male and female perpetrated IPV investigated by Swedish police officers using the Brief Spousal Assault Form for the Evaluation of Risk (B-SAFER) were examined. For male-to-female IPV, victim vulnerability factors were associated with summary risk judgments and risk management recommendations. For female-to-male IPV, vulnerability factors were more often omitted, and consistent associations were not found between vulnerability factors, summary risk judgments, and risk management. Results indicate that B-SAFER victim vulnerability factors can assist in assessing male-to-female IPV risk. Further research is necessary to examine the use of B-SAFER victim vulnerability factors for female-to-male IPV, as results showed victim vulnerability factors to be less relevant to officers’ decision making, particularly their management recommendations. However, several variables external to the B-SAFER, such as the availability of management strategies may account for these findings.     

Assessment and management of risk for intimate partner violence by police officers using the Spousal Assault Risk Assessment Guide

Intimate partner violence (IPV) is a crime that is present in all countries, seriously impacts victims, and demands a great deal of time and resources from the criminal justice system. The current study examined the use of the Spousal Assault Risk Assessment Guide, 2nd ed. (SARA; Kropp, Hart, Webster, & Eaves, 1995), a structured professional judgment risk assessment and management tool for IPV, by police officers in Sweden over a follow-up of 18 months. SARA risk assessments had significant predictive validity with respect to risk management recommendations made by police, as well as with recidivism as indexed by subsequent contacts with police. Risk management mediated the association between risk assessment and recidivism: High levels of intervention were associated with decreased recidivism in high risk cases, but with increased recidivism in low risk cases. The findings support the potential utility of police-based risk assessment and management of IPV, and in particular the belief that appropriately structured risk assessment and management decisions can prevent violence.     

Anger and Aggression: A New Beginning?

Within our civilian population, Intimate Partner Violence (IPV) has become a major health problem. Consequences of anger and aggression have resulted in incarceration rates which place the United States as the world's leader with 2.2 million people in prisons and jails. The current treatment of anger and aggression is based primarily on theories that were developed in the early 1980s. Advances in neuroscientific knowledge have exponentially added to our understanding of the underlying biological basis and neuroanatomy of violence and aggression. Through a binaural sound‐based non‐verbal intervention, we have found a key to unlock long‐term memory (Reconsolidation) that facilitates rapid remediation of anger and violence issues. Within our Pilot Study findings, a number of our combat‐veterans with Post‐Traumatic Stress Disorder (PTSD) experienced a positive transformation in their capacity to evidence empathy, intimacy and social engagement as contrasted with their prior isolative tendencies. We extrapolate how this intervention might positively impact those engaged in Anger Management (AM) and IPV programs.     

Anxiety disorders and intimate partner violence: can the association be explained by coexisting conditions or borderline personality traits?

Intimate partner violence (IPV) is a serious, preventable public health problem. IPV perpetration is strongly associated with Anxiety disorders at the population level. We investigated whether the association could be explained by coexisting psychiatric conditions or Borderline personality traits, using a combined data-set of two National Household Surveys (n = 15,973). Results showed women were more likely to report perpetrating IPV than men. Anxiety disorders were associated with IPV. When coexisting psychiatric conditions together with a categorical diagnosis of Borderline Personality Disorder (BPD) were investigated as explanatory variables, 19.2% of the association between Anxiety disorders and IPV was explained. Using individual Borderline traits in place of a categorical diagnosis of BPD, 58.3% of the association was explained. In conclusion, the association between Anxiety disorders and IPV was partly, but not fully, explained by coexisting psychiatric conditions and individual Borderline traits. Perpetrators of IPV should be screened for Anxiety disorders and among those with Anxiety disorders, Borderline traits are important.     

Measuring intimate partner violence (IPV): you may only get what you ask for

With the goal of understanding the true extent of intimate partner violence (IPV), researchers have put tremendous effort over the past 20 years developing, revising, and assessing IPV screening instruments. The enhancements made in IPV instrumentation reflect our improved understanding of the nature of IPV. Unfortunately, as is often the case with progress, we are presently at the stage where IPV researchers have an arsenal of multiple IPV screens that are, in some cases, slightly different, whereas in others, the differences are sizeable. This article explores the evolution and variation of a sample of IPV screens. To further progress in IPV research, we must make conscious decisions concerning the best tool for our individual research. Simultaneously, we must enhance our understanding of how these IPV screening instruments overlap so that comparisons of IPV prevalence or incidence across time and population are possible.     

Protecting victims of intimate partner violence: Swedish prosecutors’ experiences of decision-making regarding restraining orders

Restraining orders can be used as a risk management strategy to reduce the likelihood of intimate partner violence (IPV) re-victimisation. The aim of this study was to examine how prosecutors work with cases of IPV, with a focus on their collaboration with police, use of violence risk assessment and implementation of restraining orders. A qualitative analysis was conducted based on semi-structured interviews with five prosecutors operating in two northern police districts in Sweden in 2016. Data were analysed using latent content analysis. Three overarching themes arose: The case, Organization of resources and Interpretation of the law. Each theme was discussed in the context of the prosecutors’ work with IPV. Prosecutors pointed to several inadequacies in the legislation and offered potential solutions that would ameliorate their work. Results also showed that prosecutors seldom used violence risk assessments conducted by police as a basis for issuing restraining orders. The primary reason for this was a lack of clear routines governing cooperation between police and prosecutors in the application process. The results from this study can be used when training criminal justice personnel in order to obtain a better understanding of the difficulties that prosecutors face when trying to protect victims of IPV.     

The testosterone/cortisol ratio moderates the proneness to anger expression in antisocial and borderline intimate partner violence perpetrators

Several studies have provided evidence that antisocial, borderline and narcissistic personality traits of intimate partner violence (IPV) perpetrators significantly increase proneness to violence. In addition, an imbalance between testosterone (T) and cortisol (C) levels has been observed in this population, making individuals prone to violence. We aimed to establish whether IPV perpetrators differ in personality traits, T/C ratio and anger expression from controls, and also to examine the moderating role of the T/C ratio in the relationship between personality traits and anger expression. The sample consisted of 16 IPV perpetrators and 20 controls. T/C ratio was obtained as the quotient between salivary T and C levels. Anger expression and personality traits were measured with STAXI-2 and MCMI-III, respectively. Our results indicate that IPV perpetrators have higher antisocial, borderline and narcissistic personality traits and anger expression than controls. Nonetheless, they did not differ in basal T/C ratio. Finally, only in IPV perpetrators there was a positive relationship between these variables, the T/C ratio playing a moderating role in the relationship of antisocial and borderline traits with anger expression. In IPV perpetrators the T/C ratio may explain why certain personality traits are associated with high risk of becoming violent.     

Older women and intimate partner violence: effective interventions

Women above the age of 60 who have experienced intimate partner violence (IPV) have specific needs compared with younger victims. More research is emerging that assists counselors and other helping professionals with identification of these needs and aids to promote the mental health and well-being of this population. Professionals must consider the generational values held by older IPV victims and understand how values may impact decision making. Integrating safety planning and risk assessment into the counseling process is vital. Older IPV victims may seek counseling for posttraumatic stress or depressive symptoms as a result of the abuse. Others may participate in counseling for issues unrelated to IPV. Therefore, a thorough assessment process should include questions related to relationship dynamics so that the counselor has a complete understanding of all factors impacting the client's functioning. Helping professionals must also have an understanding of available community resources, as well as barriers that these clients face as they take steps toward recovery from trauma. This research uses qualitative analysis of case studies to assist helping professionals in understanding the most effective interventions when working with this population.We found that a contextual approach focusing on the restoration of self-confidence is a constructive means of initiating recovery from trauma.     

Risk of Revictimization of Intimate Partner Violence: The Role of Attachment, Anger and Violent Behavior of the Victim

Victims of intimate partner violence (IPV) are known to be at high risk for revictimization. Yet, to date, the mechanisms explaining the link between victimization and revictimization of IPV have not been extensively studied. In the present prospective study involving 74 female help-seeking victims of IPV, we investigated victim-related psychological mechanisms that may underlie this link. With this study, we aim to contribute to the development of theory addressing these psychological mechanisms and their role in explaining risk for IPV revictimization. Hypotheses regarding possibly relevant psychological mechanisms were derived from two conflicting approaches to IPV: the gender perspective, and the mutual IPV perspective. Results lend further support to the mutual IPV perspective, since our final prediction model indicates that victim-perpetrated IPV is an important risk factor for physical and psychological IPV revictimization. An avoidant attachment style shows to be a strong predictor as well, in particular for victims with high and average anger levels. Findings provide clear indications for risk assessment and treatment of IPV victims, and moreover offer opportunities to empower these victims in order to prevent future violence.     

Reports of Intimate Partner Violence Made Against Police Officers

The purpose of this case control study was to compare police officers (n = 106) from a large urban police force, charged with committing intimate partner violence (IPV) with officers who were not charged (n = 105), in order to identify risk factors for IPV. We also compared the frequency, type, and final disposition of IPV reports filed against police officers before and after the enactment of the 1994 Violence against Women Act (VAWA). Officers accused of IPV were more likely to be members of a minority, on the force more than 7 years and assigned to a high crime district. No major differences on intake baseline MMPI scores were noted between cases and controls. A significant increase in reports of IPV was noted after the enactment of VAWA; the rate changed from 0.2/100 to 1.2/100 person years, although there were too few pre-1994 reports to compare further. Most of the final dispositions of the cases resulted in cases closed due to unsupported testimony from victims. An erratum to this article is available at .     

Role call: sex,gender roles,and intimate partner violence

ABSTRACT

Intimate partner violence (IPV) continues to be viewed in gendered and heteronormative ways. Stanziani, Cox, and Coffey (2018, Adding insult to injury: Sex, sexual orientation, and juror decision-making in a case of intimate partner violence. Journal of Homosexuality, 65(10), 1325–1350) presented participants with a case of alleged IPV while manipulating the sex and sexual orientation of the aggressor/victim dyad. Results suggested participants view violence perpetrated by a man against a woman most abhorrently. The current study replicated and expanded that study, exploring how gender role beliefs influence participant decision-making. Female participants held more adverse attitudes towards IPV when a male assaulted a female. Further, participant gender role beliefs influenced decision-making. Specifically, males who endorsed higher levels of hegemonic masculinity perceived the crime to be less serious, while females who endorsed the same beliefs perceived the defendant as less likely to benefit from treatment. Overall, results suggest individual beliefs regarding gender roles and masculinity may influence their perceptions of IPV, regardless of the gender and sexual orientation of the aggressor and victim.     

Implicit attitudes toward violence among male perpetrators of intimate partner violence: a preliminary investigation

Whereas cognitive variables are hypothesized to play an important role in intimate partner violence (IPV) etiology and intervention, cognitive assessment methods have largely targeted offenders' explicit, controlled cognitive processing using paper-and-pencil questionnaires prone to social desirability biases. Using an implicit measure of attitudes (the Implicit Association Test [IAT]), we assessed attitudes toward gender, violence, and the association between gender and violence among 50 men enrolled in an IPV treatment program and a comparison sample of 40 nonviolent (NV) men. Although no group differences were noted on explicit attitudinal measures, men in the IPV group showed more positive implicit attitudes regarding violence, and a more rapid association between women and violence. Among men in treatment for IPV, the attitudes toward violence IAT was significantly correlated with self/partner-reported IPV frequency. In accordance with social information processing models of aggression, these results suggest that aggressogenic attitudes are likely to operate automatically and with little conscious deliberation. As a result, clinicians and researchers must adapt assessment and intervention strategies to capture both implicit and explicit aspects of cognitive processing.     

Criminal Case Outcomes, Incarceration, and Subsequent Intimate Partner Violence

Given the centrality of court interventions to the U.S. response to intimate partner violence (IPV), it is crucial to evaluate their impact on reabuse. To do so, this study examined whether female IPV victims’ experiences of abuse in the year following a criminal court case against their partner varied by case outcome or by whether the batterer had or had not been incarcerated. Consistent with prior research, we found no main effect differences in reabuse trajectories by court case outcome or by incarceration. We also examined variables that might moderate the impact of case outcome and incarceration on reabuse and found that although batterer legal history did not affect the impact of case outcome, his age, Time 1 employment status, the couple’s Time 1 living arrangement, and duration of abuse did interact with case outcome. No variables tested moderated the relationship between incarceration and reabuse over time. Findings suggest that in certain cases there may be benefits to case outcomes that leave potential consequences hanging over the offender’s head. These results also add to the growing body of evidence questioning the efficacy of one-size-fits-all approaches to IPV cases.     

Intergenerational continuities and discontinuities in intimate partner violence: a two-generational prospective study

This study focuses on intergenerational continuity in violent partner relationships. We investigate whether exposure to caregiver intimate partner violence (IPV) during adolescence leads to increased involvement in IPV during early adulthood (age 21-23) and adulthood (age 29-31). We also investigate whether this relationship differs by gender. Although there is theoretical and empirical support for intergenerational continuity of relationship violence, there are few prospective studies of this issue. We use data from the Rochester Youth Development Study (RYDS), a longitudinal study of the development of antisocial behavior in a community sample of 1,000 urban youth followed from age 14 to adulthood. The original sample includes 73% men and 85% African American or Hispanic youth. Measures come from a combination of interviews and official records. The Conflict Tactics Scale (CTS) is used to assess IPV and severe IPV in the youth and parent generations. Analyses controlled for child physical abuse, race/ethnicity as well as parent education, family stability, and poverty. In multivariate models, adolescent exposure to caregiver severe IPV resulted in significantly increased risk of relationship violence in early adulthood (age 21-23). Furthermore, there is an indirect effect of adolescent exposure to severe IPV on later adult involvement in IPV (age 29-31), mediated by involvement in a violent relationship in early adulthood. These results were largely invariant by gender. However, we observed a direct pathway between IPV exposure and adult IPV for women (marginally significant) suggesting that adolescent exposure to caregiver IPV may set in motion women-specific processes.