Alternative dispute resolution responses are found to cause more harm than good to women experiencing intimate partner violence.
CEDOVIP in partnership with the International Center for Research on women and Beyond Borders have published a study that examines the justice and efficacy of alternative dispute resolution (ADR) responses for women seeking justice after experiencing violence in intimate relationships.
The study “Whose justice, Whose Alternatives; Locating Women’s Voices and Agency in Alternative Dispute Resolutions Responses to Intimate Partner Violence” focuses mainly the most common forms of ADR; mediation and arbitration. Mediation is a form of alternative dispute resolution which is a method of resolving disputes that serves as an alternative to court proceedings.
ADR usually involves a group or an individual who facilitates a discussion between the parties involved in the reported incident. The process ultimately leads to an agreement and concession, determined by the parties themselves. ADR follows a step-by-step process that can typically be summed up in four steps. The first step, initial report and information-gathering, consists of someone bringing the incident to the facilitator’s attention. The summons and hearing occur after the facilitator accepts the case and decides to pursue a resolution. At this point, the facilitator sets a date for the hearing and summons those involved in the incident. The facilitators hear testimonies at the hearings. The decision/punishment should conclude with an agreed-upon decision which may involve a punishment or an order for reparations. Finally, enforcement may occur if the facilitator and parties decide on a method to guarantee that the agreed upon terms are met. This would be enforced by the ADR authority or the community.
The study especially considered women’s voice and agency in ADR processes to determine if these practices are helpful to the victims or biased towards their perpetrators. Through various documents and interviews, the authors examined ADR responses to intimate partner violence in the Global South, their prioritization of women survivors’ voices and agency, and examples of ADR approaches that prioritize the voice and agency of women survivors of intimate partner violence more successfully. The study ended with recommendations for stakeholders and activists alike that could help them create more women-oriented ADR processes.
The constitutional court has ordered that the Petition challenging the Anti Pornography Act is cause listed for hearing and a date is assigned for hearing of the petition. This followed the failure by the Attorney General on several attempts to attend the interparty conferencing with the latest scheduled for 25th of January, 2016 at the Constitutional court.
CEDOVIP together with other seven civil society organizations and activists petitioned the Constitutional court in May 2014 challenging the problematic, vague and subjective clauses in the Anti pornography law demanding that constitutional court to;
CEDOVIP formalized the partnership with the Directorate of Public Prosecution under the leadership of His Lordship Justice Mike Chibita in response to violence against women and girls (VAW/G) prevention and response.
This saw the signing of a Memorandum of Understanding between the two institutions among other things to;