At Cliff's Edge: Judicial Dispute Resolution in Domestic Violence Cases

Abstract

The article endeavors, from a point of view informed by domestic violence (DV) research, to provide information, options, and tools that may help judicial (and nonjudicial) mediators make settlement processes equitable and safe. While opinions about the use of mediation and judicial dispute resolution in domestic violence cases are polarized, the reality is that the vast majority of these cases are settled by lawyers prior to trial, by judges in dispute resolution processes, by mediators, or by intimate (and formerly intimate) partners themselves. Thus the ultimate goal of this article is not to weigh the merits of settlement against litigation; instead the goal is to support the work of judges and mediators in making settlement processes equitable and safe. Key Points for the Family Court Community Judicial dispute resolution (JDR) is a recognized component of judicial practice Some JDR cases will involve intimate partner violence Identifying and responding to domestic violence violence by type Screening for domestic violence Pre‐dispute‐resolution assessments: of risk, of parties, and of process Options to enhance due process and safety