Mediation, an alternative form of conflict resolution in which the parties involved in a conflict meet with a neutral third party called a mediator in order to peacefully resolve a conflict, is a process that has been around for several years now. However, a lot of judges, attorneys, and public citizens sometimes still feel that mediation is not the best route to use in resolving conflicts, especially when they involve child protection and/or domestic violence.
The reason(s) for this is that these attorneys, judges, and advocates against domestic violence believe that mediation sessions can be unfair or even unsafe for the victims involved in the conflict. In a domestic violence situation, there is often an imbalance in power between the parties involved in the conflict and often times the victim feels intimidated by their abuser, which can lead to problems when trying to mediate the issues involved in the conflict.
That being said, mediation can work with domestic violence cases as long as it is understood by the parties involved in the conflict that any criminal actions that are going to be taken in the case cannot be decided by a mediator or in mediation sessions, and it is usually better for the mediator to meet with each of the parties separately perhaps for several sessions before meeting with both parties at the same time. It can be helpful to the victim in a domestic violence situation to be able to confront their abuser about their feelings and how the things the abuser has done to the victim makes the victim feel, and mediation can help with that by having a mediator in the room to act as a buffer and make sure that the victim remains safe.
Mediators have worked with several different types of cases and approaches to resolving conflicts and strive to keep the mediation sessions safe and fair to all parties involved in the conflict. Conflicts involving child abuse or neglect may not be able to be mediated, at least with the criminal aspect of the cases since mediation cannot make any criminal charges or punish criminals, but the parties involved in this type of conflict can go to mediation sessions to work out other issues surrounding the main conflict. These types of mediation sessions are also especially made to be safe for all the parties involved.
Mediators are trained professionals who work very hard and diligently to make sure that their clients are in a safe environment and feel comfortable with their surroundings, as well as helping them to resolve their conflict.
For more information about domestic violence, child abuse and/or neglect, or mediation (or other forms of conflict resolution that may be helpful in your specific case) you can visit several different law and advocacy websites, or visit montesfamilylaw.com.
Works Cited
Edwards, Leonard, and Steve Baron. ~ Judge J. Dean Lewis, Editor Topics in This Issue: (n.d.):
- pag. Casaforchildren.org. The National CASA Association, Oct. 2008. Web. 26 Feb.
2016.
