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For survivors of domestic violence, navigating the legal system can be both emotionally and physically daunting.
A report by Women's Aid and Queen Mary University of London found that 24% of survivors of domestic abuse were cross-examined in family court by their abusers. Having to face your abuser in court can be debilitating. Now, add sitting down for a three-hour court-mandated negotiation conference.
The Women's Aid report found that 61% of survivors said there were no special measures in place for them, such as separate waiting rooms, different entry and exit times, or the possibility of screen or video links to avoid face-to-face contact.
The lack of measures to protect survivors from abuse during the court process harms their ability to give evidence and prevents them from effectively advocating for themselves and their children in mediation.
Abusers take advantage of the Court's shortcomings, and they will use it as an opportunity to keep controlling their victims. Online Dispute Resolution (ODR) mediation is one way the Courts can offer a safer, more accessible alternative to traditional in-person mediation, especially for cases involving Orders of Protection, divorces, and custody disputes.
Why ODR for Domestic Violence Cases?
ODR mediation provides crucial benefits for survivors of domestic violence and those involved in high-conflict cases:
Enhanced Safety – ODR eliminates the need for physical proximity, reducing the risk of intimidation or harm.
Confidential and Controlled Environment – Participants can mediate from secure, private locations, minimizing emotional distress.
Judicial Compliance – Many courts recognize ODR as a viable solution for handling cases with Orders of Protection and domestic disputes with respect and dignity.
Emotional Comfort – Survivors can engage in mediation without having to bring their children to court in fear of facing their abuser in person as they are kept safe and separate from their abusers, allowing them the ability to think and feel freely without fear of retaliation.
Accessibility and Flexibility – ODR allows participation from anywhere, removing logistical barriers.
Key Considerations for ODR in Domestic Violence Cases
Mediators handling domestic violence cases through ODR must have specialized training to:
Recognize signs of coercion or intimidation in a virtual setting.
Ensure the survivor has access to necessary support resources.
Implement safety measures, such as separate virtual rooms and staggered logins.
Adapt mediation techniques to account for power imbalances and trauma-informed practices.
Maintain strict confidentiality and ensure compliance with legal protections.
Technology Considerations for Survivor Safety
To create a secure ODR experience, mediators should:
Use platforms with strong security features (Zoom, Microsoft Teams with encryption options).
Enable virtual waiting rooms to control participant entry.
Disable chat functions to prevent harassment.
Provide clear guidelines on secure document sharing and electronic signatures.
Ensure that survivors understand how to access support services if needed.
Preparing Survivors for ODR Mediation
Ensuring that survivors feel safe and supported is key to a successful mediation. Best practices include:
Conducting a pre-mediation assessment to gauge safety and readiness.
Providing clear instructions for using the mediation platform.
Discussing confidentiality and how the mediation process will be conducted.
Setting expectations regarding behavior and procedural fairness.
Coordinating with legal advocates or counselors to provide additional support.
Best Practices for ODR Mediation in Domestic Cases
To facilitate effective ODR mediation, mediators should:
Begin with a structured opening statement outlining safety protocols.
Utilize breakout rooms to keep parties separate when needed.
Encourage active participation while ensuring survivors do not feel pressured.
Use screen sharing to review agreements transparently.
Summarize key terms clearly to ensure all parties understand the outcome.
Legal and Ethical Considerations
Mediators must ensure that ODR in domestic violence cases meets legal and ethical standards:
Complying with state and federal laws regarding mediation in cases involving abuse.
Maintaining neutrality while prioritizing survivor safety.
Ensuring informed consent before mediation begins.
Establishing safeguards for confidentiality and document security.
Working with courts and legal advocates to support fair resolutions.
Using ODR for an Order of Protection Divorce
In a recent case, a domestic violence survivor sought a divorce through an Order of Protection. Utilizing ODR, the mediator facilitated negotiations, ensuring the parties remained completely separate through virtual breakout rooms. Throughout the process, the survivor and accused abuser were kept separate, ultimately reaching a final agreement without the need for in-person interaction, significantly easing the emotional burden on both the parties. As a mediator, it is important to remember that while you cannot provide legal advice to self-represented parties in these cases, you can direct them to available resources and self-help forms. It remains the responsibility of the parties to determine the appropriate forms to file with the Court for submission.
Next Steps for Mediators
Mediators looking to expand into ODR for domestic violence cases should consider:
Enrolling in specialized training for trauma-informed mediation in ODR formats.
Partnering with domestic violence advocates and legal aid organizations.
Gaining experience through observing ODR sessions.
Developing clear safety protocols for remote mediation.
Promoting ODR as a viable option in family court and community mediation settings.
Providing Survivors with a Safer Path to Resolution
The legal community is beginning to realize Online Dispute Resolution is more than just a convenience—it is a critical tool for ensuring safety and fairness in cases involving domestic violence and high-conflict disputes. The Advocacy Center is dedicated to supporting survivors by providing accessible, secure, and trauma-informed mediation services with solutions that prioritize safety, confidentiality, and efficiency.
If you or someone you know could benefit from ODR mediation, contact TAC today.
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