trauma-informed fdr:

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

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EXPLORATION CA

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Phase 3: CFDR

Mediation

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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


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


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


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


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.


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


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


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.


19 The Triggered Brain

http://www.drdansiegel.com/resources/everyday_mindsight_tools/


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


21The Practice: What to look for?

BCCEWH p.22


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


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.


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


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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


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.


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


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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


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.


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.


Rationale Safety/


34FDR Session Characteristics to Consider: Joint Session Management

Mediation space. Arrival preparation, Departure

debriefing Predictability Session control


Rationale Safety/


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


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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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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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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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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trauma-informed fdr:

Government & Nonprofit