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  • Writer's pictureJames Chau

Domestic Violence and the Lack of Mediation

Updated: Oct 17, 2022

I read a puzzling article regarding the rights of domestic violence victims to attend mediation. The prevention from attending mediation was borne from a desire to protect battered womens rights after reporting the abuse. There are many studies that show that mediation is a good alternative to litigation. Litigation is often antagonistic and is often faster than traditional litigation. In Mediation it often leads to less bitterness and more positive feelings towards the outcome of the divorce.

The victim of domestic violence by denying her right to mediation must be subjected to litigation. In litigation the abuser is entitled to cross examine the victim and psychological damage them once again in front of a court room.

In Santa Clara County, thankfully there is court ordered mediation for certain domestic violence trials. However if mediation is unsuccessful often a skilled attorney must be present to assist in the litigation. I would be happy to discuss your San Jose Domestic Violence issue in my Santa Clara County Family Law Office.

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