NCJ Number
100511
Journal
Harvard Women's Law Journal Volume: 7 Issue: 1 Dated: (Spring 1984) Pages: 57-113
Date Published
1984
Length
57 pages
Annotation
Mediation is generally not as effective as criminal justice processing in protecting abused wives from further abuse, but where mediation is used, the agreement should focus on stopping the violence and be enforceable in court.
Abstract
Mediation of wife abuse cases typically fails to address the nature and seriousness of the problem as a chronic manifestation of violence resistant to voluntary modification by the abuser and generally does not provide the controls necessary to protect wives from continued abuse. However, given that many programs will persist in the mediation of wife abuse cases, procedures should ensure that victims seek more formal remedies concurrent with mediation, that the parties voice their grievances separately as well as together, that the parties have advocates during mediation, that abusive mates receive counseling before mediation, and that the mediation agreement focus on the termination of the violent behavior without conditions. Mediators should monitor abusers' compliance with agreements, and agreements in such cases should be enforceable in court. 210 footnotes.