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Dispute Resolution and Arbitration

University of Missouri School of Law

Domestic violence

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Mediation And Domestic Violence: A Practical Screening Method For Mediators And Mediation Program Administrators, Alexandria Zylstra Jul 2001

Mediation And Domestic Violence: A Practical Screening Method For Mediators And Mediation Program Administrators, Alexandria Zylstra

Journal of Dispute Resolution

Presented with such a dearth of standard practices and literature, family mediators have little guidance in whether and how to address cases involving domestic violence. Thus, this article sets forth a mediation screening framework that mediators and mediation program administrators can use to evaluate whether cases are appropriate for regular mediation (joint session without special safety measures), some modified form of mediation, or should be excluded from mediation. Such a method will better ensure a safe and fair mediation experience. Part II briefly examines the controversy surrounding the mediation of cases involving domestic violence, concluding that the arguments against mediating …


We Can Settle This Here Or Downtown: Mediation Or Arrest For Domestic Violence Calls - Eagleston V. Guido, Dale T. Smith Jul 1995

We Can Settle This Here Or Downtown: Mediation Or Arrest For Domestic Violence Calls - Eagleston V. Guido, Dale T. Smith

Journal of Dispute Resolution

Mediation policies may serve as a way for victims of equal protection violations to be compensated if a state worker invokes the defense of qualified immunity to avoid liability.' However, if the state worker is a police officer and is "following orders" by acting under a custom or policy devised or enforced by a superior, a party might be able to claim an equal protection violation under 42 U.S.C. § 1983 and sue the officer's superior.' A police officer's use of qualified immunity came into question in Eagleston v. Guido.' In Eagleston, the use of mediation practices to deal with …