NCJ Number
185230
Journal
Violence Against Women Volume: 6 Issue: 9 Dated: September 2000 Pages: 1012-1027
Date Published
September 2000
Length
16 pages
Annotation
This article presents the merits of the case for the contribution made by divorce mediation to the safety, equity, and human agency concerns of women who are separating from their intimate partners.
Abstract
The analysis compares the process of divorce mediation with the processes of lawyer negotiations and adjudication. Research findings indicate that divorce mediation makes a greater contribution toward achieving safety from abuse and violence, equity in relation to both the process and the outcomes, and human agency in terms of the ability of humans to make choices and use opportunities than does either attorney negotiations or court adjudication. In addition, Bowker’s (1983) findings and the author’s analysis also suggest that men can promote women’s safety by advising battered women to take several actions. These actions include documenting the link between the partner’s abuse and the current uncaring relationship and making the reestablishment of the relationship contingent on ending the violence. Another possibility is to become involved in a local women’s group that is mainly interested in women’s safety and that conducts restorative justice processing sessions involving the family as a unit. Additional actions to recommend include calling the police the next time the male is violent and threatening to leave the relationship and leaving it if the threat does not have the desired effect. Further actions to support include participating in divorce mediation when deciding to separate, hiring a family lawyer to inform her about her legal rights and obligations, and reminding her that she and her children will live with the decision and choices she makes. Figure and 57 references (Author abstract modified)