Domestic/Intimate Partner Dispute Mediation and ODR with David Hubbard
As mediation gained in popularity it made sense that it would expand to the family law arena. It made so much sense that many states made mediation mandatory for parents wanting a divorce and a court ordered parenting plan laying out how parents would parent their children in the future. The 1980’s was a time of growing concern for the needs of victims of domestic violence and growing awareness of the potential for the mediation process to produce false agreements when domestic abuse was a factor. When domestic abuse dynamics were invisibly operating under the surface, bad agreements were often created. Mediators who were not aware, educated and sensitive to the power and control dynamics of domestic abuse contributed to the creation of these fake agreements in the early court mandated mediation session when both parents were required to be present in the same room at the same time. As a result of new insights in the 1980’s and early 1990’s into domestic abuse dynamics many states prohibited mediation where domestic violence issues were present. Screening for domestic violence began and victims were banned from mediation. This discussion will be about victims of domestic abuse having a mediation option in crafting a parenting plan and how ODR can play an important role looking at the specialized alternative dispute resolution process set out in the 2007 amended Nebraska Parenting Act as an example.
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