Written by: M. Kristen Hefner, Aneesa A. Baboolal, Ruth E. Fleury-Steiner, and Susan L. Miller
Abstract:
"Mediation use has grown rapidly in the past few decades as an efficacious
method of civil dispute resolution. However, early research suggests that
civil mediation may cause further harm to victims of intimate partner abuse
because, based on the inherent power dynamics of abusive relationships,
they are not able to effectively advocate on their own behalf. In addition,
organizational efficiency concerns have led to the development of consent
processes for civil protection orders (POs). However, research has yet to
examine the extent to which victims of intimate partner violence who take
part in these consent processes perceive the process and associated outcomes
as fair. Using qualitative data (N = 19 interviews) collected from women who
sought civil POs through Family Court in Delaware, this research finds that
the consent process and women’s interactions with mediators reproduce
power inequalities that are inherent in cases of intimate partner abuse, which
shape their perceptions of fairness in the PO process and outcomes. Victims
being silenced and disempowered throughout the consent process results
in cumulative effects—similar tactics used by batterers—which continue
to leave victims vulnerable. In addition, the power asymmetry victims
experience in abusive relationships is replicated by the legal institution and
court structure in terms of not having access to attorneys, not receiving
guidance and advocacy, and, at times, experiencing insensitive treatment.
Thus, this study provides insight into the inequalities present within the PO
consent process that can create further harm to victims."
Full article
