Domestic violence and divorce mediation: A rejoinder to Kaganas and Piper and a proposal that the mediation process should always serve the best interests of the child

Abstract

This paper is a response to Kaganas and Piper's article (1994), in which they articulate concerns emerging from the proposed move towards compulsory mediation in divorce cases. The response extends consideration of the complex issues which arise in mediating in abusive relationships. The first part of the paper explores the criterion ‘impact of the abuse’ suggested by Kaganas and Piper as part of the screening measures used to exclude abusive relationships from mediation. Weaknesses that may emerge in the application of that criterion are identified. The second part of the paper proposes the use of a supplementary criterion - ‘the best interests of the child’ - to strengthen these screening measures

Key Words:

• family mediation
• divorce
• domestic violence
• screening measures
• abusive relationships
• best interests of the child