The Limits Of Judicial Meditation On The Divorce Case Involving Domestic Violence

Judicial mediation in the judicial policy guidance, as the conventional way of handling civil disputes is widely used in civil cases, the current law of divorce case shall first attempt to conciliate (as mandatory), without considering the particularity of cases involving the marriage of domestic violence and mediation.At the beginning of the mediation system set up purpose is based on the relations of equality, set up the bridge of communication between the parties.However, domestic violence is a kind of "power and control," continued violence caused power imbalance between the parties. When the domestic abuse a divorce case, the mediation system was forced by the mandatory program is imbalance of power relations.So judicial mediation should be limited, especially in cases involving domestic violence.From divorce mediation system, this paper mainly analysis the divorce case mediation as the origin of the necessary process and the application in practice, using the empirical analysis method of comprehensive analysis of the case, to reflect on the judicial mediation system for handling the limitations of domestic violence cases, the limits of the judicial mediation system, limited mediation concept was put forward.Focus on domestic abuse of divorce mediation practice involved, not only see the mediation system limitations, in such cases suitable for domestic abuse victims’rights protection on the mediation system Settings and development to provide practical solutions.