VOM in cases of intimate partnership violence

VOM in cases of intimate partnership – a case for discussions Victim support: danger of trivializing and thus stabilising violence GREVIO Report § 169: „..ensure that VOM does not replace criminal justice …“ Studies show: relapse rate after VOM less than 10%, victims satisfied and empowered VOM in cases of intimate partnership – a case for discussions Istanbul Convention Art. 48 Prohibition of mandatory alternative dispute resolution processes or sentencing Comparative Report Restorative Justice in Cases of Domestic Violence 2015 Legal draft 2015: No more cases of IPV dealt by VOM – averted

Istanbul Convention Explanatory notes Istanbul Convention § 252: …While the drafters do not question the advantages these alternative methods present in many criminal and civil law cases, they wish to emphasise the negative effects these can have in cases of violence…

GREVIO Report Austria 2017 GREVIO Report Austria § 166: … A close look at this practice in Austria shows that safeguards seem to be built into the system to attempt to ensure the free will of the victim is respected. Victims may refuse participation in mediation and NEUSTART actively screens all cases of mediation ordered in domestic violence cases for their suitability …

Comparative Study Restorative Justice in Cases of Domestic Violence 2016 “… We can conclude that practice and regulations in the countries (and partially even within the countries) differ, and that the countries can learn from each other. Austria seems to have the most thoughtful method … “

Special Standards and regulations No intimate partnership terrorism, no systematic violence Situational violence Suitable cases Cases of Domestic Violence Definition of risk factors - precautions Risk assessment Support persons: victim support, lawyer, … Male/female team of mediators, separated waiting areas Setting Cases of Domestic Violence Defined safeguards for mediation setting Preparatory phase - separated interviews

Special Standards and regulations Written agreement – victim’s explicit consent Observation period, follow-up evaluation agreement Cases of Violence Clear responsibility by offender Sustainability: installation of victim support, offender treatment

Issues of discussion Power and control issues – How can mediators make sure to detect intimate terrorism? Enough attention to mechanisms of power and control? Questions of free will in a violent relationship How can mediators assess voluntaryness correctly? Do offenders only commit to VOM in fear of conviction? How can we make sure offenders will keep promises? How can VOM contribute to a safe life for victims - sustainability? What about women as perpetrators in IPV cases? …

A lot has been achieved over the years … bernd.glaeser@neustart.at … still we must keep on improving