1. VOM in cases of intimate partnership violence

4. 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

5. 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…

6. 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 …

7. 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 … “

8. 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

9. 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

10. 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? …

11. A lot has been achieved over the years …
… still we must keep on improving