Should domestic violence survivors and their abusers ever undergo family court mediation together? This is one of the thorniest debates in the ADR community. This week, the Montana Legislature weighed in with a qualified “yes.” The legislature passed a bill to revise state mediation laws on domestic violence. The bill, HB 555, enables survivors to give informed consent to mediation, while requiring specialized training for eligible mediators. This reverses the state’s prior understanding, in which a suspicion of any past abuse between parties, whether physical, sexual, or emotional, created an “absolute bar” to any court-ordered mediation. The history of the Montana mediation rules captures the evolution of thought on this topic, from rule creation to court re-interpretation to legislative refinement. (more…)
Posts Tagged ‘mediation’
New Perspective on Domestic Violence and Mediation in Montana
Just Court ADR, April 26th, 2013Clients Choose Mediation Based on Mediator’s Words and Silences
Just Court ADR, February 4th, 2013Recently, I had the good fortune to attend an outstanding webinar by Professor of Social Interaction Elizabeth Stokoe, hosted by the National Association for Community Mediation (NAFCM). Professor Stokoe performs conversation analysis on interactions between mediators and parties. In her presentation, she discussed four common problems mediators may encounter during intake calls with potential clients who are involved in a neighbor-to-neighbor dispute. The problems can lead to the potential client rejecting the opportunity to mediate.
The four core problems that Professor Stokoe discussed are: (more…)
What Might We Learn from the Post-Mediation Shooting in Phoenix?
Susan M. Yates, February 4th, 2013Neutrals across the country must have experienced a mutual shudder as we read about a party leaving a Phoenix mediation, lying in wait for the other party and his lawyer to leave, and then shooting them, along with a bystander.
My initial response was from that core, human place. I mourn the loss of life and the injuries. I imagine the fear of those in the immediate area. I wonder if I know, or anyone I know knows, the mediator or any of the participants. My heart goes out to the mediator, Ira Schwartz.
Then I think about how this will play out amid the current debate about the role of guns in our society.
But then I imagine the critical questions this raises for those of us in the ADR field.
- As neutrals, what are our responsibilities?
- For those of us involved with court ADR programs, what are our special responsibilities? (more…)
Promoting ADR on the Go
Just Court ADR, January 15th, 2013As the Resource Center Director at RSI, I receive questions about Court ADR and do my best to help people through our extensive database. When the questions have general interest, I like to completely rewrite them and share them with our readers.
Dear Mary,
I travel to courts around the world promoting court-related mediation programs. I can communicate my belief in the power of ADR, but I’d like to back up my passion with some cold, hard facts about actual results from ADR programs across the country.
Sincerely,
World Traveler (more…)
