COURT DIVERSION - AN ALTERNATIVE FOR SPOUSAL ABUSE CASES (FROM BATTERED WOMEN - ISSUES OF PUBLIC POLICY, 1978 SEE NCJ-53356)

• NCJ Number: 53359
• Author(s): A T LASZLO; T MCKEAN
• Date Published: 1978
• Length: 31 pages
• Corporate Author: US Cmssn on Civil Rights
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

RESULTS ARE REPORTED OF A STUDY OF SPOUSE DISPUTE CASES PROCESSED THROUGH A COURT MEDIATION COMPONENT OF THE DISTRICT COURT OF DORCHESTER, MASS; SIX OTHER COURT MEDIATION PROGRAMS ARE DESCRIBED.

Abstract

THE CAUSES OF FAMILY VIOLENCE AND THE RELATIONSHIP BETWEEN MARITAL VIOLENCE AND THE CRIMINAL JUSTICE SYSTEM ARE BRIEFLY DISCUSSED, FOLLOWED BY A DESCRIPTION AND ANALYSIS OF A COURT DIVERSION PROGRAM THAT HANDLES SPOUSE DISPUTE CASES. IN THIS PROGRAM, DIVERSION INVOLVES THE REFERRING OF CRIMINAL COMPLAINTS TO A MEDIATION/ARBITRATION UNIT OF THE COURT SYSTEM. THE STUDY POPULATION CONSISTED OF 86 SPOUSE DISPUTE CASES PROCESSED THROUGH THE DISTRICT ATTORNEY'S OFFICE, THE DISTRICT COURT OF DORCHESTER, AND THE MEDIATION COMPONENT OF THE URBAN COURT PROGRAM BETWEEN NOVEMBER 17, 1975, AND NOVEMBER 1, 1977. SIMILAR COURT DIVERSION PROGRAMS HANDLING SPOUSE DISPUTE CASES ARE DISCUSSED FOR THE FOLLOWING CITIES: BOSTON, MASS., COLUMBUS, OHIO, NEW YORK AND ROCHESTER, NEW YORK; MIAMI, FLA., AND SAN FRANCISCO, CALIF. IN ALL MODELS DISCUSSED, EACH VICTIM SEEKS RESOLUTION OF THE DISPUTE THROUGH A THIRD PARTY. EACH MODEL ATTEMPTS TO RESOLVE A POTENTIALLY CRIMINAL MATTER THROUGH DIVERSION FROM THE CRIMINAL JUSTICE SYSTEM, WHILE USING THE COURT'S AUTHORITY TO EITHER ENFORCE THE MEDIATION AGREEMENT OR SERVE AS A COERCIVE THREAT TO BRING THE RESPONDENT BEFORE THE MEDIATORS. THE PROGRAMS VARY WITH RESPECT TO REFERRAL SOURCE, TYPES OF CASES ACCEPTED FOR MEDIATION, AND THE EXTENT AND NATURE OF FOLLOWUP. THEIR SIMILARITIES LIE IN THEIR AFFILIATION WITH THE LOCAL COURT AND THE EMPHASIS ON COMMUNITY INVOLVEMENT IN THE DISPUTE SETTLEMENT PROCESS. WITH THE EXCEPTION OF THE MIAMI PROGRAM, NONPROFESSIONALS ARE USED AS MEDIATORS AND ARBITRATORS. MEDIATION RATHER THAN ARBITRATION IS THE PREFERRED FORM OF SETTLEMENT IN ALL MODELS. AN 'ARBITRATION AWARD' OR THE THREAT OF CRIMINAL SANCTIONS IS CONSIDERED THE ESSENTIAL COERCIVE COMPONENT OF DISPUTE RESOLUTION IN SPOUSAL ABUSE CASES. THE GENERAL PROCESS IS RECOMMENDED ON THE BASIS THAT IT ALLOWS PARTIES IN THE DISPUTE TO BECOME AWARE OF UNDERLYING ISSUES IN THE VIOLENT BEHAVIOR, THUS PROVIDING A SENSIBLE METHOD OF CONFLICT RESOLUTION AND A RESTRAINT AGAINST FURTHER VIOLENCE. STATISTICS DERIVED FROM THE STUDIES ARE INCLUDED.