Mediation is widely recognized as an efficient and cost-effective method for resolving disputes, particularly in family and relationship contexts. It aims to reduce conflict and facilitate resolution. However, as mediation has become more common, concerns about its suitability have arisen, especially in cases involving:

  • Family Violence
  • Intimate Violence
  • Power Imbalance
  • other factors such as drug abuse or alcohol abuse o mental illness.

When family violence, intimate violence, or power imbalances compromise a person’s ability to negotiate freely and without fear, mediation may not be appropriate. These issues are often intertwined, which complicates their resolution.

In my practice as a private mediator, while I do not frequently encounter cases of family violence, I often see cases involving power imbalances. I believe it is crucial to address power imbalances comprehensively. I will outline the concepts of family violence and intimate violence but will focus primarily on power imbalance.

Understanding Family Violence

Family violence, as defined in the Divorce Act, includes any violent, threatening, or coercive behavior by a family member that causes fear for one’s safety or that of others. This encompasses:

 

  • Domestic Violence: Violent or abusive behavior in intimate relationships.
  • Intimate Partner Violence: Harmful actions by a current or past partner or spouse.
  • Sexual Violence and Abuse: Actions such as making degrading comments, non-consensual touching, or forced sexual activity.
  • Child Abuse: Neglect or sexual exploitation.
  • Elder Abuse: Abuse directed at older family members.
  • Partner Abuse: Abuse within a partnership.
  • Abuse by Parents, Guardians, or Siblings.
  • Pet Cruelty
  • Coercive and Controlling Violence: A pattern of behavior used to dominate another person, often involving emotional, psychological, financial abuse, and physical violence. This type of violence can escalate after separation or divorce and is particularly dangerous.

Tags:

We will be happy to hear your thoughts

Leave a reply

Som2ny Network
Logo
Register New Account
Compare items
  • Total (0)
Compare
0
Shopping cart