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.     

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.

     

Attitudes of Men and Women Towards Wife Beating: Findings From Palestinian Refugee Camps in Jordan

The aim of this study is to investigate the factors associated with the acceptance of wife beating among currently married men and women living in disadvantaged Palestinian refugee camps in Jordan. The study uses data from a cross-sectional survey of 3,100 households from 12 refugee camps, conducted in 1999, with a sub-sample of 395 married women and men selected for this analysis. Associations between acceptance of wife beating and experience of abuse as well as other risk factors are assessed for men and women separately, using χ ² tests and odds ratios from binary logistic regression models. The majority of men (60.1%) and women (61.8%) believe that wife beating is justified in at least one of the eight hypothetical marital situations presented to them. Among women, those that had been victims of intimate partner violence are significantly more likely to report acceptance of wife beating. Among men, acceptance of wife beating is also significantly associated with their current age, labor force participation, their view on women’s autonomy, and their own history as perpetrators of IPV. The majority of respondents justify wife beating in this context, with essentially no difference between men and women. Acceptance of wife beating by both men and women was strongly associated with previous experiences of wife beating adjusting for other risk factors.     

Drawing the Necessary Line: A Review of Dating Domestic Violence Statutes around the United States

Orders of protection help combat dating violence by ensuring a period of separation between the victim and the abuser. The prevalence of dating violence is similar to that of spousal abuse and the effects on the nonmarried victims are just as severe. Some jurisdictions in the United States do not offer victims in dating relationships protective orders and two states restrict orders for same‐sex couples only. Other state statutes are inadequate. A uniform statute that permits participants in dating relationships access to protective orders should be implemented across the country.

Key Points for the Family Court Community:
• See and understand the changes in dating domestic violence statutes
• Up to date as of 2011 with 2012 amendments to state statutes

     

Entrenched Postseparation Parenting Disputes: The Role of Interparental Hatred?

There is an emerging view that the term “high conflict” oversimplifies the nature of destructive family dynamics, especially with respect to the small but resource‐intensive group of separated parents who remain deeply enmeshed in legal battles and parental acrimony. In this Article we propose that interparental hatred may be a key relationship dynamic driving the behavior of some in this group. We suggest a distinction between two types of interparental hatred: one that arises from responses to separation‐related stresses (reactive hatred) and the other (entrenched hatred) that is indicative of more embedded, dysfunctional interpersonal dynamics and/or personality structures. While reactive hatred is typically time limited and amenable to professional intervention, entrenched hatred tends to overwhelm rationally informed attempts to mediate, negotiate, or even adhere to orders regarding suitable parenting arrangements. We contend that while effective intervention in these cases requires all the generic skills and responses necessary for dealing with highly conflicted disputes, it is also important to name and appropriately challenge interparental hatred when it is detected.     

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.     

INCREASING THE PROPORTION OF DOMESTIC VIOLENCE ARRESTS THAT ARE PROSECUTED: A NATURAL EXPERIMENT IN MILWAUKEE*

Research Summary: Mandatory and pro‐arrest policies in domestic violence incidents have increased strains on prosecutorial and court resources. They have also brought to prosecutors many cases in which victims never wanted batterers charged and prosecuted. Prosecutors are faced with the dilemma of (a) screening out difficult cases up front and expending resources on fewer but more winnable case or (b) prosecuting a larger number of cases as adequately as resources will allow. We studied a natural experiment that resulted when the Milwaukee prosecutor liberalized his screening policy to double the number of domestic violence case filings. After the new screening policy was implemented, time to disposition doubled, convictions decreased, the prevalence of pretrial crime increased, and victim satisfaction declined. Policy Implications: The results do not support the idea that domestic violence cases can be readily prosecuted without regard for victim desires. To commit to such a policy would require a substantial commitment of additional staff, resources to collect additional types of evidence, and a willingness to try a substantially larger number of cases.     

Can We Talk? What We Have Learned About How to Have Productive Conflicts About Family Policy and Family Law

How we handle professional conflicts affects our capacity to help others in conflict. Two AFCC dialogues, one about domestic violence, the other about shared parenting, illustrate the challenges of taking on professional differences. The former resulted in considerable consensus. The latter involved a frank exchange of differences but little overall consensus. It was, however, an important beginning of a critical conversation. Other issues calling out for constructive conflict engagement, include the crisis in providing access to justice for family litigants who cannot afford legal representation. Professional groups must move beyond defending their own self interests to addressing this crisis.     

Veteran Status and Marital Aggression: Does Military Service Make a Difference?

Previous research has demonstrated that rates of domestic violence are higher among couples where at least one person is on active duty. What is unclear is whether or not the propensity to engage in domestic violence remains after an individual has left the military and entered into veteran status. The purpose of this investigation was to evaluate whether or not veteran status will increase an individual’s tendency to engage in acts of domestic violence. Through the use of cultural spillover theory, the argument can be made that the effects of military resocialization will persist even after separation from active duty service, and that veteran status will contribute to domestic violence in a marriage. Analysis of the National Survey of Families and Households Wave I dataset allowed for a comparison of the rates of domestic violence among veterans and non-veterans to see if veterans are more likely to engage in domestic violence, net of combat exposure, relationship stressors and other statistical controls. The data reveal that male veterans are in fact less likely to engage in an episode of domestic violence as compared to civilians with no previous military experience; however, once other factors are accounted for, this relationship becomes nonsignificant.