Another Role for Mediation in Domestic Violence Cases: Mediation as Safe Space for Victims, and Not for Solving Conflicts

15 Pages Posted: 9 Jan 2018

See all articles by Maria Cecília de Araujo Asperti

Maria Cecília de Araujo Asperti

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP

Stephani Gagliardi Amantini

University of São Paulo (USP)

Date Written: January 8, 2018

Abstract

This article approaches the issue of access to justice by domestic violence victims by reflecting on roles that mediation can play both as a social service and a mechanism of dispute resolution. If a victim searches mediation for any purpose, such as alimony, custody, visitation, it seems that mediation can provide a safe space for a woman who does not feel safe or comfortable to resort to police stations, legal services, or the courts. Using semi-structured interviews, we tried to better understand what kind of support can be given to victims that resort to mediation, as well as the limitations of this approach.

Keywords: mediation, access to justice, domestic violence

Suggested Citation

de Araujo Asperti, Maria Cecília and Gagliardi Amantini, Stephani, Another Role for Mediation in Domestic Violence Cases: Mediation as Safe Space for Victims, and Not for Solving Conflicts (January 8, 2018). FGV Direito SP Research Paper Series n. 157, Available at SSRN: https://ssrn.com/abstract=3098362

Maria Cecília De Araujo Asperti (Contact Author)

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP ( email )

R. Rocha, 233, Bela Vista
São Paulo, 01330-000
Brazil

Stephani Gagliardi Amantini

University of São Paulo (USP) ( email )

Rua Luciano Gualberto, 315
São Paulo, São Paulo 14800-901
Brazil

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