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2021 Harv. Negot. L. Rev. Online 1 (2021)

handle is hein.journals/hnlro2021 and id is 1 raw text is: Addressing Domestic Violence in Mediation: The Need for More
Uniformity and Research
RICHARD MCCUTCHEONI
Abstract
Mandatory mediation orders in the context of domestic violence have been a point of
controversy for nearly three decades. As mandatory mediation has exploded in popularity across
family court systems, legislators and courts have struggled to create best practices for mediating
domestic violence. To ensure the suitability of mediation and the safety of the mediation
participants, courts may use a screening device to detect domestic violence issues. However, due
to poor screening devices or subpar legal models, many family court systems still fail to adequately
protect victims of domestic violence.
This paper suggests a set of best practices for family court systems to address domestic
violence in mandatory mediation. First, this paper argues that states should employ a uniform
model of screening in order to detect domestic violence, collect cross-referenceable data, and
reduce arbitrary variation between local courts and other states. Second, this paper discusses
potential exemption models for courts to use  models tailored to the scope and budget of their
mediation programs. Finally, this paper highlights the need for interdisciplinary support to
continue to develop mediation best practices regarding domestic violence.
TABLE OF CONTENTS
INTRODUCTION                                                                       2
I. THE NECESSITY OF PROPER SCREENING TESTS AND MASIC                               7
A. Mediators Require Effective Screening Devices to Detect Domestic Violence     8
J.D. Candidate, The Ohio State University, Class of 2021.
1

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