Mediating Criminal Domestic Violence Cases: How Much is Too Much Violence?

A dispute settlement service in North Carolina was asked in 2002 by the jurisdiction in one county to mediate cases involving charges of 'assault on a female' brought to the district criminal court.

Research was undertaken to compare domestic violence reoffending outcomes two years after mediation with outcomes two years after a court appearance or a prison sentence.

For defendants without previous criminal convictions, the reoffending rate was significantly lower for those who went to mediation than of those who went to trial.

The study indicates that the question of how much violence is too much violence for consideration for mediation could be less important than the characteristics of the parties and whether the defendant has a previous criminal record.