Best Answer
Mediation is one of the most popular forms of alternative dispute resolution (ADR). While there are many benefits to mediation and other forms of ADR, including reduced costs for both parties, more rapid resolutions, and the decision-makers ability to consider principles outside of the legal principles involved, there are times when mediation is not the best solution. If we were writing a position paper on mediation and mediation education, we would focus on domestic violence scenarios and why mediation is not a proper dispute resolution procedure in cases where there are allegations of domestic violence.
To flesh out this position, we would take a two-pronged approach. First, we would discuss some of the basics of mediation. Mediation allows both parties, sometimes with counsel and sometimes without counsel, to come to the mediator with their grievances and their goals. The mediator works to find a solution that pleases both parties, and, if that is impossible, to find one that leaves both parties equally unhappy. It is not supposed to be an adversarial process, which is why it is favored by many courts when there is a dispute that involves the family. In fact, in some jurisdictions, mediation is mandatory in family disputes.
However, one of the principles of mediation is that both parties come to the table with roughly equal power. In a domestic violence scenario, there has been a disruption of power and the parties are not equal. The person who has been abusive is quite capable of sending subtle threats, which only the victim may recognize, in order to tip the balance of power during the mediation. In addition, because mediation is resolution-focused, mediators are often unequipped to deal with any allegations of past violence, which can re-victimized survivors.
