Illinois Divorce Mediation for Victims of Domestic Violence?

Illinois Divorce Mediation for Victims of Domestic Violence

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For many years, victims of domestic violence have been denied access to mediation to resolve divorce, child custody and other disputes involved in the dissolution of a marriage. Mediation is considered faster and far less expensive than court, but women who request divorces because of spousal abuse cannot avail themselves of this option in Illinois and certain other states.

The no-mediation policy is in place because of the belief that a domestic violence victim may be intimidated or manipulated by his or her abuser in a mediation setting. Many advocates believe that the victim will be less likely to seek full custody, property and support rights to which the victim is entitled. Since mediation requires compromise and cooperation between the parties to resolve disputed issues, this setting opens the door to allow abusers to manipulate victims in the name of compromise. For this reason, public policy in Illinois favors a formal disposition by a judge in a court of law so that the abuser cannot take advantage of the victim during mediation.

Unfortunately, while the goal of this law is laudable, the problem with a total ban on mediation is that victims of spousal abuse often do not have sufficient resources to hire an attorney to represent their best interests. When mediation is taken off the table as a viable alternative, women of limited means and support may be less likely to present their best case in court. Intimidation, after all, can also be a factor in litigation.

Mediators may be able to counteract any potential imbalance: mediators are trained to allow both sides to communicate their desires for the mediation and resolve conflict. Domestic violence victims can also request to mediate from separate rooms, which can limit the abuser's ability to manipulate the victim.

Illinois and other states that exclude mediation from divorce disputes involving domestic violence might have good intentions, but a better alternative may be to allow a spousal abuse victim to choose mediation after being informed of the process and its downsides. Under this alternative, the abuser would not be able to request mediation for disputed issues; thus, the victim would only have to mediate with the abuser if he or she chose to do so.

It is important for victims of domestic violence to understand the challenges they face and to discuss their options with a qualified attorney. Obtaining experienced representation can mean a world of difference either in court or in mediation.

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