Resolution Systems InstituteResolution Systems InstituteMenuDonate
  • Home
  • About
    • Overview
    • Mission
    • People
    • History
    • Awards
    • Careers
    • Support RSI
  • Services
    • Program Administration
    • Program Design
    • Research and Evaluation
  • Our Impact
    • Child Protection Mediation
    • Evaluation of a Child Protection Mediation Program
    • Eviction Mediation
    • Foreclosure Mediation
  • Resource Center
    • Overview
    • Court ADR Basics
    • Guide to Program Success
    • Mediation Efficacy Studies
    • Model Surveys
    • The OPEN Project: ODR Party Engagement
    • Peer Review Tools
    • Special Topics
  • Publications
  • Blog
  • Contact
  • Donate
Combined ShapeBack to search results

Child Custody Mediation in Cases of Domestic Violence: Empirical Evidence of a Failure to Protect

Johnson, Nancy E.; Saccuzzo, Dennis P.; Koen, Wendy J.. Violence Against Women, Aug. 1, 2005

In many states, mediation is mandatory in all child custody disputes. However, investigations have indicated that mediation may be inappropriate in cases involving domestic violence, as victims are greatly disadvantaged. This study looked at information from 400 randomly selected mediation reports, half of which involved domestic violence, either as evidenced by clear indicators such as current allegations or temporary restraining orders, or as identified by the mediator during the course of mediation. The results indicated that in many cases involving violence, mediators failed to address the issue during mediation at all. Further, the presence of violence made surprisingly little difference when determining legal and physical custody of children, and in some situations actually increased the likelihood of custody for the perpetrator. Overall, the presence of substance abuse or psychiatric treatment had a much more significant effect on custody decisions than domestic violence.

11 E Adams Street, Suite 500, Chicago, IL 60603

  • 312.922.6475
  • info@aboutrsi.org
  • © 1998-2025 RSI
  • Facebook
  • Twitter
  • LinkedIn

To give you the best possible experience, this site uses cookies. If you continue browsing, you accept our use of cookies and agree to our Disclaimer, Privacy & Copyright policy.

Learn More