Role of Mediation in Domestic Violence Cases (From Alternative Means of Family Dispute Resolution, P 401-416, 1982, Howard Davidson et al, ed.)

• NCJ Number: 89837
• Author(s): S G Orenstein
• Date Published: 1982
• Length: 16 pages
• Sale Source: American Bar Assoc
• Language: English
• Country: United States of America

Annotation

This paper describes the types of protection that Massachusetts courts offer in domestic violence cases, presents a general description of the Salem Mediation Program (SMP), and examines data on 100 program cases that involved domestic violence.

Abstract

The 1978 Massachusetts Abuse Prevention Act provides a civil procedure by which a victim of domestic violence can seek immediate relief through any local court. The court may order the offender to refrain from abusing the plaintiff, vacate the residence, forfeit custody of minor children, pay support for minor children, or pay damages for alleged abuse. Any of these orders may be issued on an emergency basis without notice to the defendant for an initial 5 days, after which both parties may appear before the court, and the order may then be extended for a specific period, usually 3 months to 1 year. Cases may be referred to mediation after the judge has heard the case and issued the order or otherwise ruled on the petition. Other domestic violence cases may be referred from the entry point of criminal processing or other sources. In all cases, both parties must voluntarily consent to mediation. A total of 100 domestic violence cases were referred to the SMP between April 1979 and November 1981. The clients coming under a restraining order were found to be eager to come to a better understanding of the impact of the restraining order on the relationship, and mediation helped clients develop new ground rules for their interaction. This does not mean that mediation produced reconciliation but did help provide a structure for dealing with the problems of separation. In cases where the parties had been separated for some time and a pattern of harassment and violence had developed, mediation was somewhat less successful in helping couples resolve their dispute. The findings suggest that mediation has its maximum impact at the point at which a relationship needs to be restructured and the conflicting parties are open to reassessing their behavior. Four references are provided.