What is coercive control?
Coercive control is a pattern of controlling or coercive behaviour within an intimate or family relationship. It can involve repeated behaviours designed to control, intimidate, isolate or undermine another person.
In Ireland, coercive control is a criminal offence under section 39 of the Domestic Violence Act 2018 where the statutory requirements are met. The legislation refers to knowingly and persistently engaging in controlling or coercive behaviour that has, or would reasonably be expected to have, a serious effect on the relevant person.
Coercive control does not necessarily involve physical violence. It can include different forms of behaviour, including emotional, financial or digital forms of abuse.
Examples may include
Depending on the circumstances, controlling or coercive behaviour may involve:
- controlling access to money or financial resources
- preventing or restricting contact with family and friends
- excessive monitoring of communications or whereabouts
- threats, intimidation or persistent humiliation
- controlling everyday decisions
- using children or parenting arrangements as a means of control
- restricting someone's access to employment, education or support
- repeated unwanted digital contact or monitoring
A single disagreement or difficult relationship does not, by itself, mean that coercive control is taking place. The pattern, context, impact and circumstances are important.
Coercive control and mediation
Mediation requires people to be able to participate freely and make their own decisions.
For this reason, concerns about domestic abuse, coercion, intimidation or an imbalance of power should be carefully considered before mediation begins and throughout the process.
The Courts Service states that mediation may not be appropriate in certain cases, including cases involving domestic violence. It also recognises that parties may meet with a mediator together or separately, depending on the circumstances.
A mediator should not assume that mediation is unsuitable simply because there has been conflict, nor should mediation be treated as appropriate without considering safety and the parties' ability to participate freely.
Safety and suitability come first
At Viaserena Mediation, the suitability of mediation is considered as part of the process.
Where concerns about coercive control, domestic abuse, intimidation or safety arise, these concerns should be explored carefully. Depending on the circumstances, this may mean:
- separate pre-mediation meetings
- separate mediation sessions
- appropriate communication arrangements
- additional safety measures
- obtaining independent legal advice
- referral to an appropriate specialist support service
- or determining that mediation is not appropriate.
The purpose is not to investigate or make a finding that coercive control has occurred. Rather, the mediator's role is to consider whether the mediation process can be conducted safely, fairly and voluntarily.
Mediation should never replace protection
Where someone is experiencing abuse or feels that they or their children are unsafe, mediation should not be presented as a substitute for legal protection or specialist support.
The Courts Service provides information about domestic-violence orders and support services, and recommends obtaining legal advice where appropriate.
If there is an immediate risk of harm, contact An Garda Síochána on 999 or 112.
A respectful and safe process
Mediation can be helpful where people are able to participate freely and safely. It can provide a structured environment to discuss difficult issues and explore practical solutions.
However, safety comes before settlement.
At Viaserena Mediation, every person's circumstances are considered individually, with attention to safety, informed participation, neutrality and the suitability of mediation.
For information about coercive control, recognising patterns of controlling behaviour, reporting concerns and the type of evidence that may assist an investigation, visit the Garda website:
https://www.garda.ie/en/crime/domestic-abuse/
Safe Ireland provides information about domestic violence support services throughout Ireland and can help people find their local specialist service.
https://www.safeireland.ie/
This information is for general educational purposes and does not constitute legal advice. If you are concerned about coercive control or domestic abuse, consider obtaining independent legal advice and appropriate specialist support.