Web resource:	http://www.dvrcv.org.au//wp-content/uploads/BehindClosedDoorsDVIRCDiscussionPaper2007.pdf
Type:	Non-Fiction
Title:	Behind closed doors : family dispute resolution and family violenceDiscussion paper / Domestic Violence and Incest Resource Centre, Melbourne
Authors:	Kirkwood, Debbie
Keywords:	Family law
Year:	2007
Publisher:	Domestic Violence & Incest Resource Centre, Brunswick
Citation:	No. 6
Notes:	"This Discussion Paper is now out of print." General Overview: This Australian discussion paper considers the risks and benefits of mediation of family disputes where there has been family violence and identifies strategies that could improve the safety and fairness of the process. Discussion: The 2006 amendments to the Family Law Act (Cth) requires separating couples to attempt mediation, known as family dispute resolution, before accessing the courts. While there is an exemption for people who have experienced family violence, it is likely that many people who attend mediation will have experienced family violence, either because they choose not to disclose the violence, because they cannot prove the violence to the satisfaction of the mediator or because the mediator considers that mediation is suitable despite the violence. The author outlines the potential advantages and disadvantages of mediation for separating couples. Of particular concern is the risk of unfair and unsafe outcomes for women and children. As mediation is likely to take place despite this risk, the author outlines strategies that can be used to identify and respond to family violence. Various screening and risk assessment strategies are discussed. After screening and risk assessment, the dispute resolution practitioner must ask if the victim of violence is able to negotiate freely and whether the person who uses violence is prepared to accept the ground rules of the process. If the process proceeds, strategies for ensuring safety and fairness during the mediation are necessary. These may include co-mediation, shuttle mediation, private caucusing, support persons and the availability of legal advice.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/11387
ISSN:	1441-0206
Physical description:	75 p. ; 25 cm.
Appears in Collections:	Books

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