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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

So tell me about mediation

10 replies

ninilegsintheair · 12/02/2015 13:07

EA soon-to-be ex husband has agreed to mediation and we're having our first joint session in a few days. The mediator gave me a basic run-down of what the sessions will cover - mostly financial (as house is being sold) and childcare (how we will split DC time between us).

As he can be very forceful and bullish I'm keen to get everything straight in my head about what I should be asking for and what I need to consider. I know the mediator is there but I'd rather not be put on the spot because I havn't thought of things.

Does anyone have any advice for me please? Smile

OP posts:
CogitoErgoSometimes · 12/02/2015 14:40

Joint mediation is not normally recommended where there is bullying or abuse is present for precisely the reasons you're worried about. Is your solicitor aware of the abuse because there are alternatives that avoid face to face contact such as shuttle mediation.

CogitoErgoSometimes · 12/02/2015 14:48

Do you have a solicitor?

AttilaTheMeerkat · 12/02/2015 15:29

I was also going to ask whether you have a Solicitor involved. My concerns also re mediation are the same as Cogito's. I think you could well find this whole exercise a complete waste of time due to his overall non co-operation.

To use mediation is to subscribe to the mistaken idea that abuse is related to "misunderstandings" or lack of communication. If discussion and compromise, the mainstay of mediation, could help in any way most domestic violence situations would be long ago resolved because victims of abuse "discuss and compromise" constantly. Mediation assumes both parties will cooperate to make agreements work; the victim has always 'cooperated' with the abuser; the abuser never cooperates.

Mediation can be and is ordered by judges/courts, as can counselling and mental health evaluations. They are tools in the abuser's arsenal to be used against the victim as often as he chooses. In order for mediation to work and to not make situations worse the parties involved must have equal power and must share some common vision of resolution. This is clearly not present when domestic violence has taken place in a relationship.

Mediation practitioners must be alert to the need to interview partners separately with specially designed questions in order to determine if abuse is or has been present. Many domestic violence professionals can train others to screen safely for domestic violence. To not do so risks unsuccessful mediations, at best, and increasing the victim's danger by colluding with the abuser, at worst.

A person who has been terrorized by an abuser is not free to participate in a mediation process with him, even if the mediator(s) assume or believe that they "understand". Being truthful about any of her needs or experiences in the abuser's presence or proximity practically ensures that she is in more danger later.

The mediator is left with a no win: either the victim's danger is increased, or she is not fully or truthfully participating, or both. The well meaning mediator may actually encourage the victim to feel safe enough to share information that could seriously compromise her safety. In any case the whole intent of mediation is lost.

To engage an abuser and a victim in a process that implies equal responsibility is damaging to both. The victim is once again made to feel responsible for the abuser's behaviour, and the abuser is allowed to continue to not accept full responsibility for his behaviour choices.

ninilegsintheair · 12/02/2015 19:51

The problem is, and has always been the case, that there is no proof of abuse beyond my own words. I say hes EA, he says hes not. Unless I tie him up in court and spend a lot of money I dont have by doing so, I cant ever get proof that it happened.

I need to be out and away from him. At least with mediation someone will be there to witness and keep it fair. I'm aware its not ideal.

I've had advice from a solicitor although I havnt formally signed anything with them yet.

OP posts:
CogitoErgoSometimes · 12/02/2015 21:09

Then if you feel you have to give the face to face mediation a shot what you have to do is get clear guidance from your solicitor and go in with a list of requirements. I negotiate for a living and with some bloody awkward types that would love to bully me into submission. :) So Cog's Top Tips for dealing with Nasty Bastards. ...

  • Don't deviate from your list unless there's something you've decided you can do without in advance.
  • 'No' is a complete sentence. Silence is powerful. Keep answers brief and don't feel obliged to keep talking.
  • Smile. It relaxes the face which helps the tension.
  • Take a notepad and write down plenty of 'notes'. Have a glass of water and sip from it. It makes your opponent wait and you can use the time to think and breathe.
  • If you don't think it's going well or if your opponent gets aggressive, call the meeting to a close. You're in charge.
ninilegsintheair · 12/02/2015 22:00

Thanks Cog. (can you come in with me?) Smile

OP posts:
cestlavielife · 12/02/2015 22:05

I would add to the list
Don't defend yourself even against accusations. Sit tight smile. Wait for mediator to ask you for your input.
Just state facts and preface everything with
"It will be best for the children that ...."

ninilegsintheair · 12/02/2015 22:17

Thanks cest Smile

OP posts:
CogitoErgoSometimes · 12/02/2015 22:25

I'd love to come in with you :) I shall content myself to be with you in spirit

skyeskyeskye · 12/02/2015 23:20

My XH had said that I was dictating to him about when he could see DD. When we got into mediation they asked me what I wanted and I said I want to know what he wants because he won't make any decisions or commit to anything. So they got him to say what his intentions were.

I found it invaluable because they made him talk, got answers out of him, and also made him see things from my point of view (and vice versa of course).

Have a clear idea of what you want, don't agree to anything financial or otherwise without legal advice (the mediators will say that anyway).

If it works it can save you money on legal fees by sorting out stuff without solicitors letters back and forth.

If it doesn't work, then you have the proof you have tried.

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