Rd. Mathis et Z. Tanner, EFFECTS OF UNSCREENED SPOUSE VIOLENCE ON MEDIATED AGREEMENTS, The American journal of family therapy, 26(3), 1998, pp. 251-260
A sample of 149 couples was assessed for spouse violence prior to fami
ly court mediation. Standard mediation was conducted without the parti
cipants or mediators knowing who was classified as violent or nonviole
nt. The 65 couples who reached full agreement were grouped according t
o whether they had ever had a violent dispute during the relationship.
Violent couples who reached agreements chose terms granting wives sig
nificantly move power in terms of control over custody and visitation
than the nonviolent couples chose. This suggests that wives of violent
husbands were empowered sufficiently during standard mediation to neg
otiate somewhat more powerfirl, safer terms for themselves than was ne
cessary for wives of nonviolent husbands. Nevertheless, 57% of all agr
eements between violent couples specified a form of shared custody, wh
ich is thought to promote too much future contact between the violent
ex-spouses. This tendency for violent spouses to choose shared custody
is interpreted to mean that wives need violence screening and special
protective intervention measures to successfully negotiate safer, mor
e restrictive sole custody agreements.