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

Source: (1985) Emory Law Journal 34(3-4):855-910.

This essay discusses the reasons that mediation is an inappropriate method for dealing with domestic violence and that alternative approaches that physically protect victims are more suitable. Problems hampering such mediation include: the lack of the social cohesion necessary to enforce mediated agreements; the likelihood that agreements may be more favorable to the abusive spouse than to the victim; depriving battered women of their rights of access to the courts, of remaining in their homes, and of personal security. 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. are described.