Mandatory mediation in family law issues with domestic violence – limits and experience from USA

Abstract

Mandatory mediation obliges parties to the dispute to firstly seek out alternative and amicable form of dispute resolution before addressing the court. This could prove suitable in family law disputes where the focus is on maintaining the relationships aft er the dispute is resolved in the best interest of children. However this presumption does not need to apply to all cases. Domestic violence is a phenomenon of family law for centuries. The impact of the abuse between partners is immense. The article focuses on conditions, upon which the mediation could be mandated, what are the key elements of successful mediation and what are the challenges of mandatory mediation in respect of these elements. The article analyzes provisions of acts that regulate mediation in various states of USA with focus on the most controversial regulation in California. At the end it debates the relation of mandatory mediation and right to fair trial.