June 17, 2019 Substantive Law

Intimate Partner Violence and Mediation

By Gabrielle Davis, Loretta Frederick, and Nancy Ver Steegh

Reprinted with permission from Dispute Resolution, Spring 2019 (25:3), at 24-28. ©2019 by the American Bar Association. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

Practitioners and scholars have long engaged in vigorous debate about whether, when, and how cases involving intimate partner violence (IPV) should be mediated. In practice, courts and mediators have attempted to resolve these questions by adopting formal and informal IPV screening protocols, most of which seek to discern from the parties whether IPV is an issue in their relationship. If IPV is identified, the screener typically decides whether mediation should occur and if it should, how it should be conducted.

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