Another tool in their arsenal? The potential of domestic violence typologies to inform family law alternative dispute resolution processes

Abstract

Considering the numerous benefits associated with alternative dispute resolution (ADR), there is significant interest in facilitating the participation of a range of couples going through relationship dissolution in these processes, including couples experiencing domestic violence. However, even the most staunch advocates of these processes argue that not all couples experiencing domestic violence should be given the opportunity to participate in ADR. The issue for practitioners then is identifying which couples should and should not be included in ADR processes. This article explores the potential of domestic violence typologies, specifically the work of Michael P Johnson, to inform decision-making in relation to the participation of couples experiencing domestic violence in ADR processes, and the identification of barriers to the safe participation of parties. Show more