Last Updated May, 2010
Legislation should specifically preclude police, legal system officials and other leaders from offering mediation or assisted alternative dispute resolution services to resolve issues between widows and her in-laws or heirs of the deceased, both before and during legal proceedings in widow maltreatment cases. Police, judges and other leaders should not attempt to improve relations in the family by offering these services or by mediating a dispute. See: UN Handbook 3.9.1 and Section on Roles of Police.
Mediation reflects an assumption that both parties are equally at fault for the violence. It assumes that both parties have equal bargaining power, yet in reality an abuser may hold tremendous power over a victim. Traditional patrilineal societies that assume the marital property and children belong to the husband’s side of the family further weaken any bargaining power a widow may have. Mediation also removes a domestic violence case from public view and objective judicial scrutiny.
See: Mediation, StopVAW, The Advocates for Human Rights; and
Family Violence: A Model State Code, Sec. 311
The Advocates for Human Rights Site Map About the Site
330 Second Avenue South, Suite 800, Minneapolis, MN 55401 USA Phone: (612) 341-3302 Fax: (612) 341-2971 Email: firstname.lastname@example.org
Although Stop Violence Against Women endeavors to provide useful and accurate information, Stop Violence Against Women does not warrant the accuracy of the materials provided. Accordingly, this Web Site and its information are provided "AS IS" without warranty of any kind, express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We reserve the right to make improvements and/or changes in the format and/or content of the information contained on the Web Site without notice.This information is provided with the understanding that Stop Violence Against Women and its partners are not engaged in rendering legal or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.
Copyright © 2010 The Advocates for Human Rights. All rights reserved. Permission is granted to use this material for non-commercial purposes with proper attribution to The Advocates for Human Rights.