Preparing Mediators to Mediate Cases Reporting High IPV in a Randomized Controlled Trial: The Importance of a Mediation Manual, Training, and Consultation

• Published date: 01 October 2021
• Author: Amy G. Applegate,Connie J. Beck,Jeannie M. Adams,Fernanda S. Rossi,Amy Holtzworth‐Munroe
• Date: 01 October 2021
• DOI: http://doi.org/10.1111/fcre.12605

PREPARING MEDIATORS TO MEDIATE CASES REPORTING HIGH

IPV IN A RANDOMIZED CONTROLLED TRIAL: THE IMPORTANCE

OF A MEDIATION MANUAL, TRAINING, AND CONSULTATION

Amy G. Applegate, Connie J. Beck, Jeannie M. Adams, Fernanda S. Rossi, and

Amy Holtzworth-Munroe

This article addresses the training of mediators participating in a randomized controlled trial (“RCT”) that examined the out-

comes of family law cases with children in which parents reported high or concerning levels of intimate partner violence

(“cases reporting high IPV”). In the RCT, we studied two specialized forms of mediation designed to protect the safety of

IPV survivors (shuttle or videoconferencing) compared to each other and to traditional litigation. In implementing the RCT,

the researchers utilized a three-part program to train the participating mediators with: (1) a manual; (2) in-person training;

and (3) ongoing peer consultation. Though this three-part training regimen is utilized in RCT research scientifically testing

interventions, to our knowledge this was the first such training program in the mediation context. Results supported a finding

that the combined use of a manual, training, and peer consultation is helpful for mediators who lack prior training in mediat-

ing cases reporting high IPV by providing protocols to conduct mediation in these cases and helping ensure participant safety

and satisfaction. The researchers were fortunate to collaborate with a mediation program that understood and appreciated the

need for, and the importance of, this three-part training program to test the two models of mediation. The researchers hope

other mediation programs will consider the use of these tools to better train mediators, thus benefitting the parties involved in

mediation, particularly those in cases reporting high IPV.

Key Points for the Family Law Community:

A three-part training protocol (detailed training manual, intensive training, and ongoing peer consultation) is very

useful for mediators who lack training in whether and how to mediate cases in which parents report high levels of

intimate partner violence and for law students learning to mediate.

Providing protocols in manuals on how to conduct family law mediation with parents reporting high levels of inti-

mate partner violence helps ensure participant safety and satisfaction with the mediation process.

Conducting methodologically strong mediation research is critical for moving the field forward and to providing a

better understanding of dispute resolution processes that are helpful in training current and future family law

mediators.

Researchers working in close collaboration with mediation programs whose administration, staff, and mediators are

willing to incorporate research protocols into their work is essential for obtaining useful research results about media-

tion of cases in which parents report high levels of intimate partner violence.

Keywords: Domestic Violence; Family Law Mediation; Family Law Mediator Training; Family Law Mediator Training

Manuals; Intimate Partner Violence.

I. INTRODUCTION

This article addresses the training of mediators who participated in a randomized controlled trial

(“RCT”) conducted by the authors comparing models of resolution of family law cases involving

reports of high or concerning levels of intimate partner violence and abuse (“IPV”) among parents

with children (these cases will be referred to as “cases reporting high IPV”) (Holtzworth-Munroe

et al., 2020). In developing the RCT research project, we examined research and practice scholar-

ship to identify appropriate and safe models of mediation. We focused on two models of mediation,

Corresponding: aga@indiana.edu

FAMILY COURT REVIEW, Vol. 59 No. 4, October 2021 725–740, doi: 10.1111/fcre.12605

© 2021 Association of Family and Conciliation Courts.

shuttle and videoconferencing, and compared those outcomes to outcomes from traditional litiga-

tion, the method of resolving cases reporting high IPV in many programs. These two models were

carefully chosen to protect the safety of survivors, mediators, and mediation program staff.

The research team used a three-part program to train the mediators—all experienced mediators

who had previously primarily conducted joint mediation—how to conduct the two specialized forms

of mediation for cases reporting high IPV. The three parts were: (1) a manual for the mediators;

(2) in-person training of the mediators; and (3) ongoing telephone consultation with the mediators.

We began by locating relevant social science research concerning intervention training, manual

development, and the dynamics of IPV. We also consulted with the site mediation division director,

her staff, and domestic violence (“DV”) advocates. With this information, we prepared a compre-

hensive training manual to provide background on IPV dynamics, guidance on working with cases

reporting high IPV, and direction on how to employ the two selected models of mediation. Then,

we conducted training sessions for the mediators to use the models of mediation chosen for the

study. We also held monthly telephone meetings with the mediators to help ensure consistent adher-

ence to the manual and training.

Importantly, to our knowledge, this training program is the first of its kind in the mediation con-

text. Though social science researchers have utilized this type of three-part program to ensure

adherence to the interventions being studied, manuals are not part of the history or culture of medi-

ation. Thus, we suspect that most mediators would be unfamiliar with a mediation process that

included following a manual and/or receiving support to ensure adherence to a manual.

There are six sections in this article. The first section briefly describes the RCT research study.

The second section addresses the importance of using manuals when conducting research studies

involving interventions, including mediation. The third section discusses the contents of our manual

for mediation with cases reporting high IPV. The fourth section describes the need for mediator

training beyond the manual and describes the training we conducted with the mediators in the study.

The fifth section describes the need for ongoing consultation with mediators to answer questions,

review cases (case rounds), provide peer suppor t, and help ensure adherence to the stu dy’s models

of mediation. We conclude, in the sixth section, with observations and reflections about the experi-

ence of participating in a research study, lessons learned, and our recommendation that this training

approach be adapted to other research and non-research mediation contexts.

Before proceeding, we explain certain word and format choices. We use “they”as a generic

third-person singular pronoun to be inclusive of all genders and to help readers avoid making

assumptions about gender. Additionally, we refer to individuals who report being victimized

through IPV as “victims”because concerns about their reported victimization and safety are

addressed and accommodated in mediation. Finally, we use the terms “abusers”and “perpetrators”

rather than “perceived or alleged abusers”or “perceived or alleged perpetrators”for the sake of

simplicity.

II. RESEARCH STUDY

This study took place at the Multi-Door Dispute Resolution Division (“Multi-Door”) of the

D.C. Superior Court and was funded by the National Institutes of Justice (“NIJ”) (Holtzworth-

Munroe et al., 2020). The study is referred to as the “D.C. Study”in the article. It is beyond the

scope of this article (which focuses on mediator training) to provide full details about the RCT, but

as a summary, the RCT studied parents reporting high levels of IPV who were seeking to resolve

child-related arrangements in either initial actions or modifications of actions in separation and

divorce cases. Parents who consented to be in the D.C. Study were randomly assigned to: (1) return

to court, (2) participate in shuttle mediation, or (3) participate in videoconference mediation.

The research team consisted of two PhD clinical psychology researchers (Holtzworth-Munroe

and Beck), one JD attorney mediator (Applegate), and a then-clinical psychology science graduate

student, now a PhD (Rossi). The research team collaborated and worked closely with the Director

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