My partner is abusive (verbally, physically, or psychologically). Can we still use mediation or collaborative practice?
Domestic violence is a broad term that includes a range of behaviors (emotional, physical, financial, or sexual) that involve the assertion of power and control by one partner over the other. When these dynamics exist, it can be challenging for the controlled partner to have a voice or feel comfortable speaking on his/her behalf. Historically, mediation has been considered inappropriate in relationships involving domestic violence. However, the adversarial nature of the court system may also be ineffective in domestic violence cases, as the courtroom also takes away the power and control of the parties. Participants often say they feel “beat up” or re-victimized by the courtroom process of litigation. The support and structure offered by an attorney/mediator skilled in domestic violence cases can help identify abusive dynamics and offer the possibility of change. However, each party must be willing to, committed to, and capable of creating a new dynamic where there is an equal opportun
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