Trauma Informed Family Dispute Resolution Dr Rachael Field: Associate Professor, QUT Law School Mr. Jon Graham: ISDR Ms. Libby Watson: ISDR © 2015 Jon Graham and Libby Watson
Trauma Informed Family Dispute ResolutionDr Rachael Field: Associate Professor, QUT Law School Mr. Jon Graham: ISDRMs. Libby Watson: ISDR
© 2015 Jon Graham and Libby Watson
Family violence Coercive control. Power and control tactics. Gendered experience. Selective, uninvited, repetitive oppression of one person by
another person. It can be one incident when that incident is used in an
ongoing way to threaten, coerce and control the other person.
It is instrumental - where a person coerces and controls to gain benefits and resources within a relationship. (Johnson 2006; Kimmel 2002; Stark 2010).
Family violence in FDR contexts
The 2012 AIFS Survey of Recently Separated Parents found that a majority of the parents surveyed reported “either physical hurt or emotional abuse both before/during and since separation” (p 42).
A majority of those parents reported that their child “had witnessed physical violence or emotional abuse”, with a little under one-half reporting children witnessing family violence since post-separation (p 43).
http://www.ag.gov.au/Publications/Documents/SurveyOfRecentlySeparatedParents2012/SRSP_Report.pdf
Family violence in FDR contexts
Significant numbers of FDR matters involve a history of family violence.
Although exemptions are possible if there is a history of family violence, many parties still want to participate in an FDR process.
A safe model of FDR is needed so that the potentially serious consequences of family violence (including lethality) can be managed.
The Coordinated FDR Model Women’s Legal Service (WLS) Brisbane was commissioned by
the Australian Attorney-General’s Department in 2009 to develop a safe practice approach to family mediation in matters where there is past or current family violence.
The CFDR model was piloted in 5 locations around Australia. The model was evaluated by AIFS.
AGREEMENTS
NEGOTIATION
EXPLANATION
CLARIFICATION
Phase 4: Post CFDR Follow Up• At 1-3 months AND• At 9-10 monthsConcludes unless parties are re referred back into
CFDR
Phase 1: Intake Process 1• CFDR Coordinator Assessment• Specialist Risk Assessment• Case Management Decision
Phase 2: Preparation for FDR & Intake Process2• 2 Legal Advice Sessions• 3 Communication Sessions• Preparation Workshop• 2nd Intake Assessment
CO
MM
UN
ICAT
ION
SESS
ION
S
EXPLORATION CA
SE
MA
NA
GEM
ENT
Phase 3: CFDR
Mediation
LEG
AL
AD
VIC
E
RIS
K A
SSES
SMEN
T
Summary of strategies learned from CFDR
Risk assessment – by specialist experts. Preparation – counselling and coaching. Legally assisted approaches. Interdisciplinary collaboration – professional conversations. Case management. Ethics: FDRPs must claim the right to elevate safety and party
self-determination. Use of narratives to retain engagement,. Use of problem solving models for process and role clarity. Focus on short term arrangements to demonstrate the possibility
of successful arrangements. More time and resource intensive: strategic use of legal and
therapeutic support , more private sessions.
AIFS Evaluation Evaluation findings affirmed the efficacy of the design elements of
CFDR: Adequate risk assessment for the parties’ safety and well-being is
critical in family violence contexts. Parties whose capacity to engage in the process is diminished to the
point that inappropriate and unsafe outcomes may result, do not belong in family mediation.
Preparation for the parties’ participation in FDR is key. Parties should receive legal advice and counselling, be coached in how
the mediation process works and what their role is in it, and they should receive instruction on how to negotiate effectively in mediation (for example, communication strategies, how to identify their key needs and interests and how to prioritise them, option generation and how to identify their bottom line).
Vulnerable parties have more chance of making their voice heard in mediation in the context of lawyer-assisted models, as long as those lawyers are trained in dispute resolution theory and practice.
AIFS Evaluation However, the evaluation also found that, notwithstanding the
positive aspects of the model’s practice, and its intentional design for safety and the empowerment of parties, ‘some parents experience considerable emotional difficulty, even trauma, in mediation’ (Kaspiew et al., 2012, p. 138).
Also - CFDR has not been funded for a roll-out
Although the AIFS evaluation of the CFDR pilot acknowledged that CFDR was cutting edge practice, a funded roll-out of the model did not occur due to resource issues.
This raises the question: if CFDR is not available – how can FDRP’s practice ethically and with a focus on elevating safety?
Trauma Informed Family Dispute ResolutionDr Rachael Field: Associate Professor, QUT Law School Mr. Jon Graham: ISDRMs. Libby Watson: ISDR
© 2015 Jon Graham and Libby Watson
12 What is trauma? An experience that overwhelms and is beyond the person’s capacity to
cope Psychological trauma is:
powerless. helpless by overwhelming force. nature, we speak of disasters. other human beings we speak of atrocities. Herman 1992, p.33.
Trauma is the emotional, psychological and physiological residue left over from heightened stress that accompanies experiences of danger, violence, significant loss and life threatening events. ACF 2013, p.11
© 2015 Jon Graham and Libby Watson
13 Principles of Trauma Informed Practice
SAFETYEnsure physical and emotional safety
TRUSTWORTHINESSThrough task clarity, consistency and interpersonal boundaries
CHOICE Maximise client choice and control
COLLABORATIONMaximise collaboration and sharing of power
EMPOWERMENTPrioritise empowerment and skill building
© 2015 Jon Graham and Libby Watson
14 What is trauma Informed Trauma informed care means asking our clients “What has happened
to you?” instead of “What is wrong with you?” A Strength – Based way of working, rather than a series of techniques
© 2015 Jon Graham and Libby Watson
A Trauma Informed Practitioner Is trauma aware Understands the difficulty of managing internal states
(emotional regulation and impulse control) Understands that some problematic behaviours/symptoms
were initially a protective/survival response Knows that there is hope.
A trauma informed practitioner
15 Trauma informed FDR is: A process based model that uses Trauma Informed
Principles as a platform. About turning towards clients. Tailored interventions to the specific characteristics
and concerns of the case.
© 2015 Jon Graham and Libby Watson
Trauma impacts on the capacity for parties to participate in FDR and on how practitioners do their work.
Decisions made impact on the least powerful: the CHILDREN.
Why TFDR?
16 The Window of Tolerance
© 2015 Jon Graham and Libby Watson
17 The Hyperarousal Response The Flight/Fright Response Impulsivity, Risk Taking Poor Judgment Racing Thoughts Perceptual And Muscular Hypervigilance Post Traumatic Paranoia, States Of Frozen Terror Intrusive Images, Sensations, Emotions,
Flashbacks, And Nightmares Self Destructive And Addictive Behavior.
Fisher 2000
© 2015 Jon Graham and Libby Watson
18 The Hypoarousal Response The freeze/submit response Feeling flat affect, numb, dead empty, “not there” Cognitive functioning is slowed People can be preoccupied with shame, despair and self loathing Disabled defensive responses. Fisher,1999
The younger the person, or the more powerless they were/are in the face of traumatic events e.g. child sexual assault, domestic violence, the more likely the central nervous system will be primed to respond to traumatic events or reminders of events with a hypo-arousal response.
© 2015 Jon Graham and Libby Watson
19 The Triggered Brain
http://www.drdansiegel.com/resources/everyday_mindsight_tools/
© 2015 Jon Graham and Libby Watson
20 Trauma in FDR As Trauma Informed Practitioners we have a
responsibility to help our clients stay in their window of tolerance and help them to recognize when their window has closed.
If clients are not in their window they are not able to access their executive brain and therefore cannot fully participate in FDR
When this is occurring clients CANNOT THINK STRAIGHT
© 2015 Jon Graham and Libby Watson
21The Practice: What to look for?
BCCEWH p.22
© 2015 Jon Graham and Libby Watson
22 How to ask about trauma? Strength based questions Language and framing of questions very important Work with the client to understand their situation “I would like to ask you some questions…. “The reason I am asking is… “If you would rather not answer, just let me know”
“Remember screening/ assessment is also about engagement and relationship building”
BCCEWH 2013, p.33
© 2015 Jon Graham and Libby Watson
23 Emotional Regulation“Recognise the centrality of affect regulation (emotional management; ability to self soothe) as foundational to all treatment objectives and consistently foster this ability in the client” ASCA Guidelines p.4
The regulation of emotions is a key element of what we are talking about here.
Section 60I is not a trauma regulation strategy.
© 2015 Jon Graham and Libby Watson
24
Peter45
Susan42
Joshua12
Alistair
15
Rx. 20 yrs Sep. 11 mths
Live in Berowra
Graham
Shirley Richard
Alec Mark
Margie
Annabelle3.5
Angusdied 1 yr ago
Bill
Andy Sam
Susan Johnson and Peter Johnson
25 Joint Session Observations
Initial statements respectful. Discussions begin respectfully.
Peter begins to criticize Susan’s parenting, and her ability to be a partner in the relationship.
FDRPs do not see the discussion as particularly destructive.
Susan becomes quiet, but continues to disagree with to all that Peter is seeking.
Peter suddenly angrily erupts and Susan becomes rigid before running from the room sobbing.
The FDRP issues a S60I certificate. Case Closed.
Susan Johnson and Peter Johnson Pre FDR Observations
Susan Some concerns about power
and control, but Susan reported a capacity to participate.
Report of some violence at separation.
Willingness to participate in FDR. Desire to get post separation parenting sorted.
Pre FDR Observations Peter Acknowledgement of property
damage at separation. Expression of regret.
Willingness to participate in FDR. Desire to get post separation parenting sorted.
26 Theory into practiceFDR and Trauma
PRE MEDIATION Pre Mediation will not be an indicator of mediation
performance. Pre Mediation trauma indicators Models of practice
MEDIATION Trauma indicators Strategies for maintaining the Optimal Arousal Zone Models of practice
© 2015 Jon Graham and Libby Watson
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© 2015 Jon Graham and Libby Watson
28 Pre FDR Space, time, safety. A trauma informed approach:
Tell me about you? Where are you from? What are you seeking in fdr?
Evidential truth and the story from the person affected by trauma: Stories are not always internally consistent Stories can be incomplete Stories can change
© 2015 Jon Graham and Libby Watson
29 When Parties bring Trauma into the Mediation Room
Multiple clients mean that within the mediation space we may need to manage: More than one person who has experienced trauma, Multiple trauma triggers, Combinations of hyper and hypo arousal simultaneously
Principle We can only manage a negotiation when we are in the
Optimal Arousal Zone.
© 2015 Jon Graham and Libby Watson
Adapting the Mediation Model to Family Mediation
2. CLARIFICATION
3. EXPLORATION
4. NEGOTIATION5. AGREEMENT
1. EXPLANATION2. CLARIFICATION
3. EXPLORATION
4. NEGOTIATION5. AGREEMENT
PRE-FDR ASSESSMENT
POST-FDR
1. EXPLANATION
2. CLARIFICATION
3. EXPLORATION
4. NEGOTIATION
5. AGREEMENT
PRE-CONFERENCE PREP and ASSESSMENT
PRE FDR ASSESSMENT, BUILDING PARENTAL
ALLIANCEINCREASE IN CHILD FOCUS
POST-FDR
POST-FDR
Source: Graham J., (2014) 25 years of Family Mediation in Australia Children’s First Symposium, Montreal Canada
© 2015 Jon Graham and Libby Watson
31
We want this model to look and feel different.
Sharp/delineated elements of the mediation that confront the process are less useful.
Calmness in the process and a fluidity that allows for movements across the models are essential.
Duty of Care What does the model look
like
FDR Sessions
© 2015 Jon Graham and Libby Watson
Calm Opening
Limited Clarifying
Managed Discussion
Managed Negotiation
Agreements
Private Session
Private Session
Private Session
Private Session
Private Session
Private Session
32 FDR Session Characteristics to Consider: Party Containment
Emotional Regulation needs to be supported by the mediator, Mediator does not ‘stir the pot’ in these mediations.
Strategies to contain discussions, reduced agenda and to bring options to the process prior to engagement in the mediation process.
© 2015 Jon Graham and Libby Watson
Rationale Safety/
Predictability Trustworthiness Choice Collaboration Empowerment
33 FDR Session Characteristics to Consider: Parties
Receive an email summary of their (individual) pre FDR discussions AND a (common) draft agenda.
Legal advice and support in and around the issues.
Negotiation advice and training to increase the options in the session.
Psycho education is useful if it is coming from a trauma lens. If not it may be less useful or even cause harm.
Parties attend FDR session aware of their trauma triggers and with a language or cur that will assist them to communicate to the FDRP/support person when they are moving out of their optimal zone of arousal.
© 2015 Jon Graham and Libby Watson
Rationale Safety/
Predictability Trustworthiness Choice Collaboration Empowerment
34FDR Session Characteristics to Consider: Joint Session Management
Mediation space. Arrival preparation, Departure
debriefing Predictability Session control
© 2015 Jon Graham and Libby Watson
Rationale Safety/
Predictability Trustworthiness Choice Collaboration Empowerment
35 FDR Session Characteristics to Consider: FDR Process
Constant vigilance for the movement out of the optimal zone of arousal. Movement out = suspension of the mediation until optimal zone of arousal returns.
The FDRP must have control of the room. Hyper/hypo arousal in this discussion is likely to disrupt any negotiation, and in the family law system the likelihood of disruption is high
Therefore we allow for the possibility of a discussion of the issues that led to the trauma. While acknowledgement is unlikely it can create the opportunity for agreement to be reached that takes the previous trauma into account.
Communication skills Less is more Strengths based questions Dumb and curious questions Checking in Rupture and repair Empathy and sympathy Avoiding advice is essential SCARF
Rationale Safety/
Predictability Trustworthine
ss Choice Collaboration Empowermen
t
© 2015 Jon Graham and Libby Watson
Readings Australian Childhood Foundation (2013) Safe and Secure. A
trauma informed practice guide for understanding and responding to children and young people affected by family violence. Eastern Metropolitan Region Family Violence Partnership.
BC Centre for Excellence for Women’s Health (BCCEWH) 2013, Trauma Informed Practice Guide, British Columbia, Canada http://bccewh.bc.ca/publications-resources/documents/TIP-Guide-May2013.pdf
Briere,J., and Scott, C., (2013) Principles of Trauma Therapy (2nd ed) Sage Publications, Los Angeles
Bouverie Centre (2013) Guidelines for Trauma Informed Family Sensitive Practice in Adult Services La Trobe University, Mebourne http://www.childaware.org.au/images/the_bouverie_centre_la_trobe_university-web.pdf
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© 2015 Jon Graham and Libby Watson
Fallot, R and Harris, M. (2009) “Creating Cultures of Trauma- Informed Care (CCTIC): A Self-Assessment and Planning Protocol” in Community Connection http://www.healthcare.uiowa.edu/icmh/documents/CCTICSelf-AssessmentandPlanningProtocol0709.pdf
Fisher, J (2008), Psycho-educational Aids for Working With Psychological Trauma http://www.janinafisher.com/
Fisher, J (2014) “Transforming Trauma-Related Shame and Self Loathing” Presentation Sydney March 2014, Delphi Training and Consulting
Herman, J.L., (1992) Trauma and Recovery Pandora, London. Kezelman, C and Stavropoulos, P. (2012) The Last Frontier.
Practice Guidelines for Treatment of Complex Trauma and Trauma Informed Care and Service Delivery. Adults Surviving Child Abuse (ASCA) www.asca.org.au
Klinic Community Health Centre 2013, Trauma-informed: The trauma-informed toolkit (2nd ed), Klinic Community Health Centre: Winnipeg, MB.
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© 2015 Jon Graham and Libby Watson
Saakvitne K.W. and Pearlman L.A, (1996)Transforming the Pain: A Workbbok on Vicarious Traumatisiation. W.W. Norton and Company, New York
Siegel, D. (1999) The Developing Brain. How the Relationships and the Brain Interact to Shape Who We Are Guildford Press.
Siegel, D. Hand Model of the Brain www.drdansiegel.com/resources
Van der Kolk, B.A. (2014) The Body Keeps The Score Viking, New York
Yasenik, L.,(2015) The Parent Readiness Scale. In Press Yasenik. L and Graham J., (2015) The Child and Youth
Concerns Scale. In Press
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© 2015 Jon Graham and Libby Watson
tFDR NEXT STEPStFDR Step 1
A two day program exploring The concept of trauma and
its prevalence, and impact on the individual and couple.
Complex cases and trauma.
The all important PRE FDR; as a source of understanding, assessment and preparation.
The challenge of FDR in a trauma frame. Some strategies for working in a trauma frame.
tFDR Step 2A two day program providing advanced skills. Focus on working clinically
with the traumatised party. Opportunity to practice TFDR
strategies. Focus on the use of child
participatory processes in cases involving trauma.
Opportunities to practice the advanced child interview strategies.
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© 2015 Jon Graham and Libby Watson