Type:	Journal Article
Title:	Domestic violence and mediation: responding to the challenges of crafting effective screens
Other Titles:	Family law quarterly
Authors:	Murphy, Jane C Rubinson, Robert
Keywords:	Family law;Screening
Year:	2005
Publisher:	Section of Family Law, American Bar Association
Citation:	39 (1), Spring 2005
Notes:	This US article discusses the risks of mediating cases where there is a power imbalance between the couple and in the context of domestic violence. It proposes to improve the ability of attorneys and courts to screen for domestic violence. The American Bar Association Section of the Family Law and the Association of Family and Conciliation Courts, along with a range of individuals and organisations, developed the Model Standards of Practice for Family and Divorce Mediation. It summarises the different statutes with regard to family mediation across the US jurisdictions in Appendix A – with most rules including some provision for excluding or giving special treatment to cases involving domestic violence. Rather than polarising the debate about whether domestic violence cases should be mediated, it seeks to reframe the discussion by improving understanding about the meaning of ‘mediation’ and ‘domestic violence’. It analyses the court rules, statutes and recent research suggesting significant failures in effectively implementing such statutes. Appendix B contains several forms for screening cases for suitability for mediation, including a screening tool with questions and for pleadings stage screening tool.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/14338
ISSN:	0014-729X
Appears in Collections:	Journal Articles

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