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Limits of the Neighborhood Justice Center: Why Domestic Violence Cases Should Not Be Mediated

NCJ Number
108022
Journal
Emory Law Journal Volume: 34 Issue: 3-4 Dated: (Summer-Fall 1985) Pages: 855-910
Author(s)
K Rowe
Date Published
1985
Length
56 pages
Annotation
Both practical and constitutional factors suggest that mediation is an inappropriate method for dealing with domestic violence and that alternative approaches that physically protect victims are more suitable.
Abstract
Problems hampering mediation include urban areas' lack of the social cohesion necessary to enforce mediated agreements and the likelihood that agreements may be more favorable to the abusive spouse than to the victim. In addition, mediation has been shown to be effective in domestic violence situations only when it is voluntary and serious battery has been screened out. Furthermore, court-ordered mediation deprives battered women of their rights of access to the courts, of remaining in their homes, and of personal security. Advocates for battered women emphasize the importance of arrest as a deterrent to spouse abuse. However, arrested batterers are generally released within a few hours, and prosecuted batterers may lose their jobs and deprive the family of income. Nevertheless, arrest may be essential to protect the woman and children from further serious abuse and to deter further violence. Programs are needed that protect victims from further harm. The feasibility of work release programs for abusers should be considered. Other effective approaches that view domestic violence as a crime rather than a breakdown in relationships have been developed in two States. The Duluth Program in Minnesota involves interagency agreements, volunteer advocates, and a diversion program involving long-term therapy for the batterer. The Chicago Criminal Misdemeanor Domestic Violence Court directs efforts into criminal prosecution rather than counseling services for the batterer. 209 footnotes.