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Violence Against Women, Vol. 11, No. 8, 1022-1053 (2005)
DOI: 10.1177/1077801205278043

Child Custody Mediation in Cases of Domestic Violence

Empirical Evidence of a Failure to Protect

Nancy E. Johnson

Applications of Psychology to Law

Dennis P. Saccuzzo

San Diego State University

Wendy J. Koen

Applications of Psychology to Law

Mediation of child custody disputes is mandated in several states. Investigators have averred that victims of domestic violence (DV) are greatly disadvantaged in mediation. The present study empirically evaluated outcomes and found that mediators failed to recognize and report DVin 56.9% of the DV cases. The court’s screening form failed to indicate DV in at least 14.7% of the violent cases. Mediation resulted in poor outcomes for DV victims in terms of protections, such as supervised visitation and protected child exchanges. Mediator capacity to focus on the child’s best interest was called into question. Child custody mediation should not be mandated in cases of DV.

Key Words: child custody • child custody mediation • domestic violence


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