The Dangers of Mediation in Domestic Violence Cases

Authors

Sarah Krieger, Benjamin N. Cardozo School of Law

Abstract

The note argues that mandatory mediation in family law cases involving domestic violence undermines the progress made by the battered women's movement by re-privatizing domestic violence issues. Mediation, while intended to resolve disputes amicably, fails to address the inherent power imbalance in abusive relationships and risks further victimizing survivors. The privatization of these disputes through mediation diminishes accountability for abusers and erodes legal protections for victims.

Disciplines

Criminal Law | Criminal Procedure | Law | Law and Gender

Recommended Citation

Sarah Krieger, The Dangers of Mediation in Domestic Violence Cases, 8 Cardozo J. Equal Rts. & Soc. Just. 235 (2002).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol8/iss2/4