WOMAN ABUSE PROTOCOL Family Court Services PREAMBLE: Domestic violence affects men and women of all ages, races, religions and incomes. Victims of violence may be spouses, children or the elderly. Spouse abuse whether physical, sexual or psychological is very dangerous. When violence occurs between adults in the family, women or men may be the victim; however, because of differences in strength, it is women who suffer the most serious injuries. Research has shown that when women do act violently it is usually in response to their having been abused for a period of time. Women are more likely to be violent in self-defence. Men may attribute their violence to controlling their partner's behaviour. Violence against women and its impact on children continue to pose serious questions for dispute resolution professionals and the practise of mediation. Parties to mediation must be able to negotiate safely, voluntarily, and competently in order to reach a fair agreement. Mediation cannot be fair if one of the parties is unable to mediate effectively and competently. Abuse in intimate relationships poses serious safety risks and may significantly diminish a person's ability to mediate. Family mediation cases in which there is or has been domestic violence are complicated and can be dangerous to the participants and the mediator. Complaints about physical abuse, stalking, intimidation and endangerment in intimate relationships are made primarily by women against men. Where abuse is directed at men by women or where abuse occurs in same sex relationships the same principles and safeguards should apply. Mediators need to identify which cases are appropriate to mediate, which cases are inappropriate to mediate and which require specialized mediation. Each family situation is different and needs to be assessed on its own unique merits. This Protocol reflects what is presently possible and may change if additional resources become available. .INTRODUCTION: Family Court Counsellors over the past twelve years have been screening all cases for abuse which have been referred to Family Court Services for mediation. Screening has been informal and subjective for the most part relying heavily on clinical and investigative interviewing, use of Consent to Release Information Forms and contact with collateral sources of information to collect data/information necessary for an in-depth relationship history of both parties. Generally in instances of family violence, mediation is not appropriate. However, people need options in order to resolve family law issues. Family Court Counsellors endeavour to assist couples and families experiencing custody/access disputes to resolve their differences within a forum that is safe and fair. PRINCIPLE: All cases being considered for mediation at Family Court Services will be screened for abuse. PRE-SCREENING MEDIATION: Screening for abuse is done before a case is accepted for mediation. Screening for issues related to woman abuse is done throughout the mediation process to determine if the process needs to be modified or terminated. Screening for abuse and its effects is required to: identify and sort those cases for which mediation is likely to be appropriate, those cases for which it is not appropriate and those cases for which it might be appropriate if a specialized mediation process is used; determine whether other alternatives may be more appropriate; ensure that clients have the ability to mediate safely and competently and ensure that mediation's primary standards of safety, voluntary participation and fairness can be met; determine the probability that certain cases, once in progress, may need to be terminated because mediation standards cannot be met; provide information that can be used to modify the mediation process in order to comply with the standards of safety, voluntariness and fairness; protect mediators from harm and from being a party to an unsafe and unfair process. Separate telephone screening is conducted when the person being screened is free to talk openly and safely. Separate office interviews are conducted with the parties to mediation prior to beginning the formal negotiation process. Telephone and office interviews assess: a. the nature, extent, frequency, and impact of abuse that may exist in the relationship; b. each party's readiness to end the marital relationship; c. each party's ability to mediate taking into account the following considerations: pressures to enter mediation, the ability to put forth ones own needs, interest and plans, the ability to negotiate in one's own interest, the abused person's ability to identify when she is most at risk, The abused person's ability to help develop a safety plan for herself and her children, the abused person's ability to resist controlling behaviours and take whatever actions are required to do so, the abuser's ability to recognize the abuse and control perpetrated on his partner and/or children, the abuser's ability to negotiate rationally rather than to bully, coerce, threaten and intimidate, Whether patterns of abusive behaviours are being extended to other family members, neighbours and professionals such as lawyers and therapists. Screening for abuse will include an assessment of dangerousness to identify who is at risk for physical injury or death inflicted by the other party. Those in danger will be referred to appropriate resources. Safety and risk assessment will include an in-depth relationship history from both clients. An assessment of the clients' degree of risk and need for safety in their own environment will be conducted. The abuser's ability to mediate will be assessed by determining if he has stopped his violent and abusive behaviours, accepts responsibility for the abusive and recognizes his partners right to autonomy. Power imbalances in relationships will be assessed as well as the mediator's ability to compensate for them. SOURCES OF INFORMATION FOR SCREENING: Affidavits Questionnaires Checklists Interviews Specific questions to uncover all forms of abuse and their effect on the woman and children. Consent To Release Information Forms Many families who have experienced abusive spousal relationships desire a non-adversarial approach to settling child care issues after separation/divorce. In such cases the issues to be addressed are child focussed divorce related ones and not mediation of the domestic violence itself. OUTCOMES OF SCREENING FOR ABUSE IN MEDIATION CASES: YES - MEDIATION IS APPROPRIATE. NO - MEDIATION IS NOT APPROPRIATE. MAYBE - A MODIFIED FORM OF MEDIATION MAY BE POSSIBLE. YES - MEDIATION IS APPROPRIATE: No risks to participants is perceived. Both participants willing to enter into mediation. Proceed with conventional mediation. NO - MEDIATION IS NOT APPROPRIATE: Decision is made early that mediation will not be appropriate. Decision is made based on the existence of too many contra-indicators. Offer other services such as information and referral to other agencies, professionals and Parent Education sessions, etc. Contra-indicators include: fear of being harmed and/or retribution is present and safety is in question. the abuser denies any incidents of abuse and does not accept responsibility for any violent behaviour. high level of anger. victim has not used other interventions. stalking behaviour. relevant charges, convictions (i.e., child assault, spousal assault). the parents and/or the children are feeling intimidated/threatened, physically and/or emotionally. the existence of protection or prevention orders. the violation of protection or prevention orders and the outcome. police have been called in for protection. the parent and/or child(ren) have been exposed to physical violence. pet (mutilation or killed) abuse. abuser is obsessed with the thought that the family should reunite. weapons are accessible and there is the possibility of use to harm. power imbalance, strong need for one parent to control. a pattern of controlling or manipulative behaviour, with or without physical violence has been identified. mental health problems, severe depression, psychopathology. use and abuse of non-prescription drugs and alcohol. uttering threats to physically harm the other parent and/or the children (homicide/suicide). using coercion to get what the abuser wants. mutual violence. a pattern of psychological abuse has been identified. the abuser is unwilling to accept or comply with ground rules as set out by the mediator. the abuser wants to control the process. inability to make appropriate decisions for the children. inability to articulate. unable to assert self. history of violating Court Orders. child protection involvement. one of the parties does not want to enter into mediation. MAYBE - THE POTENTIAL EXISTS TO PROCEED WITH MEDIATION: When both parties acknowledge the abuse and that it is wrong. When neither fears a recurrence of violence. When there has been attendance at anger management classes or therapy for the abuser and he appears to have taken responsibility for the abuse and no longer engages in physical, or psychological abuse or controlling behaviour. The physical or psychological abuse appears not to have been a pattern of power and control. There has been therapy or group services for the abused spouse. A protection plan has been developed and is committed to by both spouses. Both parents are highly motivated to stick to a set of guidelines and ultimately their plan. Enough time has passed that the abused person feels removed enough from the incident. The parents and mediator agree to the process of modified mediation. The victim is able to participate effectively. MODIFIED MEDIATION: Start with interviewing the parties individually. Highlight safety as the priority. Inform clients mediators are not neutral about violence or safety and have an ethical obligation to report past or present child abuse and threats of future abuse to any of the participants. Review the basic ground rules for the mediation process in addition to establishing or clarifying certain physical boundaries to their relationship. Put mediation ground rules and any special rules in writing signed by the parties. Seat victim closest to the door, abusive spouse furthest from the door. Selectively use private caucus sessions during mediation. Use male/female co-mediation teams. Use care in the use of language particularly in how feedback is given to the parties. Develop positive ways of giving feedback. Use time-out. Inquire about the safety of abused person by calling one to two days after termination of mediation. CREDIT TO: Family Court Services gratefully acknowledge the work of those who have developed policies on abuse and standards of practise for the safe practise of mediation in those cases involving abuse against women. It is their work which we have adopted for use as our own protocol. Ontario Association for Family Mediation - OAFM Policy on Abuse Report from the Toronto Forum on Women Abuse and Mediation Family Conciliation - Manitoba Mediation and Family Violence Protocols. Living Without Violence