APPENDIX A GUIDELINES FOR MEDIATION IN CASES INVOLVING ISSUES OF DOMESTIC VIOLENCE For purposes of these guidelines and the procedures that implement them, domestic violence is defined as follows: Causing or attempting to physical harm to a current or former intimate partner or spouse; placing that person in fear of physical harm; or causing that person to engage involuntarily in sexual activity by force, threat of force or duress. In addition to acts or threats of physical violence, for purposes of these guidelines, domestic violence may include abusive and controlling behaviors (such as intimidation, isolation, and emotional, sexual or economic abuse) that one current or former intimate partner or spouse may exert over the other as a means of control, generally resulting in the other partner changing her or his behavior in response. Even if physical violence is not present in these circumstances, such a pattern of abusive behavior may be a critical factor in whether or not a party has the capacity to bargain effectively. Therefore, a person conducting screening for domestic violence must be alert to patterns of behavior that, while not overtly violent, may indicate a pattern of domestic abuse that should be treated as domestic violence for purposes of these guidelines. 1. Criminal cases that involve domestic violence should not be referred to mediation from any court. 2. Cases arising solely under the Family Violence Act should not be referred to mediation from any court. 3. A case as a divorce action or other domestic relations matter that contains a count under the Family Violence Act is not precluded from referral to mediation, provided, however, issues related to protection from violent behavior are not an appropriate subject of mediation or
APPENDIX A GUIDELINES FOR MEDIATION IN CASES INVOLVING ISSUES OF DOMESTIC VIOLENCE For purposes of these guidelines and the procedures that implement them, domestic violence is defined as follows: Causing or attempting to physical harm to a current or former intimate partner or spouse; placing that person in fear of physical harm; or causing that person to engage involuntarily in sexual activity by force, threat of force or duress. In addition to acts or threats of physical violence, for purposes of these guidelines, domestic violence may include abusive and controlling behaviors (such as intimidation, isolation, and emotional, sexual or economic abuse) that one current or former intimate partner or spouse may exert over the other as a means of control, generally resulting in the other partner changing her or his behavior in response. Even if physical violence is not present in these circumstances, such a pattern of abusive behavior may be a critical factor in whether or not a party has the capacity to bargain effectively. Therefore, a person conducting screening for domestic violence must be alert to patterns of behavior that, while not overtly violent, may indicate a pattern of domestic abuse that should be treated as domestic violence for purposes of these guidelines. 1. Criminal cases that involve domestic violence should not be referred to mediation from any court. 2. Cases arising solely under the Family Violence Act should not be referred to mediation from any court. 3. A case as a divorce action or other domestic relations matter that contains a count under the Family Violence Act is not precluded from referral to mediation, provided, however, issues related to protection from violent behavior are not an appropriate subject of mediation or