Mediation is frequently mandated as a first step for custody, visitation, and divorce cases. As a process that requires a balance of power between participants, mediation is not an appropriate method to resolve domestic violence disputes, a phenomenon that reflects profound disparities in power between the perpetrator and the victim. Of all marriages referred to court‐based divorce and custody/visitation mediation programs, 50% to 80% involve domestic violence. This raises very serious questions about mandatory mediation. This article considers the effects of domestic violence on the mediation process. It questions the use of mandatory mediation and suggests ways that mediators might recognize and respond to domestic violence.
AbstractThis article presents a Q methodology study of mediation trainees' responses to a performance art piece depicting victims' experiences with domestic violence. The piece employs an image‐based format as a method of increasing mediation trainees' sensitivity to and recognition of domestic violence. Respondents varied significantly in their perceptions. Some individuals interpreted the piece as an immediate and literal portrayal of domestic violence, but others expressed the perspective that it was inappropriate to be viewing a personal and private problem. While the piece elicited strong response, troubling questions were raised regarding whether some mediators are disinclined to consider the possibility of domestic violence, thereby precluding any chance of a fair or just settlement.
In: Peace and conflict: journal of peace psychology ; the journal of the Society for the Study of Peace, Conflict, and Violence, Peace Psychology Division of the American Psychological Association, Band 4, Heft 2, S. 155-166
AbstractThe following case study examines the use of conflict management and mediation training as a vehicle for community empowerment for residents of public housing estates in a large Midwestern city. Lederach's elicitive and prescriptive training models are used as a framework to explain the dynamics of power and disempowerment. Findings suggest that while training was an empowering experience for participants in the training setting, transferring these skills to the community setting was difficult. The external environment must be structured to allow training participants to employ their skills once training is complete if community empowerment is to succeed.
AbstractSelf‐regulation is a concept from the field of developmental psychology that describes a person's ability to generate socially approved behavior in the absence of external monitors. It is considered to be a significant aspect in the socialization of children. School‐based mediation programs that train students in communication and problemsolving skills and allow them to practice these skills, can be an asset to schools in a number of ways. Mediation is an effective way of addressing discipline problems that are especially difficult to handle using traditional means. At the same time, students participating in a mediation program are rehearsed in skills that lead to selfregulation.