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MANDATORY MEDIATION OF CUSTODY IN THE FACE OF DOMESTIC VIOLENCE
Author(s) -
Maxwell Jennifer P.
Publication year - 1999
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/j.174-1617.1999.tb01309.x
Subject(s) - mediation , domestic violence , psychology , power (physics) , criminology , face (sociological concept) , social psychology , balance (ability) , phenomenon , suicide prevention , political science , law , poison control , sociology , medicine , medical emergency , social science , quantum mechanics , neuroscience , physics
Mediation is frequently mandated as a first step for custody, visitation, and divorce cases. As a process that requires a balance of power between participants, mediation is not an appropriate method to resolve domestic violence disputes, a phenomenon that reflects profound disparities in power between the perpetrator and the victim. Of all marriages referred to court‐based divorce and custody/visitation mediation programs, 50% to 80% involve domestic violence. This raises very serious questions about mandatory mediation. This article considers the effects of domestic violence on the mediation process. It questions the use of mandatory mediation and suggests ways that mediators might recognize and respond to domestic violence.