CHALLENGES OF FAMILY MEDIATION IN CASES OF PARTNER VIOLENCE

Family mediation is a structured process of peaceful resolving of issues between family members with the help of a family mediator as the neutral party. The aim of family mediation is finding creative solutions to problematic issues and reaching mutual agreement. It is mostly used to settle disputes over child custody and parental care. However, in cases where there is violence between partners, some fundamental prerequisites necessary for the process of mediation come into question because the parties involved are of unequal power, neutrality of the mediator is also questioned, as well as voluntary participation and the safety of the victim. Violence may be of various intensity and frequency, based on which an assessment is made whether it is appropriate to include a case in the process of mediation. When a victim is ready to be included in the process of mediation and asks for the possibility to be included, mediation should not be dismissed as an unacceptable option. Experts are increasingly of the opinion that mediation can be successful in cases of violence between partners, but only if adequate precautionary measures are taken and if it is carried out by well trained mediators. As it has become clear that assessment of violence is becoming the most important factor in the process of deciding which case is (in) appropriate for mediation, this paper presents in detail the key instruments for the assessment of justification of family mediation in cases of violence between partners. The need for mediation is argued and a description is given of a possible protocol/guidelines that would shed more light on how to decide about exempting from family mediation those cases in which violence is present.