Revolutionizing the System: Designing a Safe Order of Protection Mediation Program

Authors

Sabrina Saint-Marc

Abstract

Consider a situation where an African American man, Tony, residing in a rural southern jurisdiction, holds an order of protection against his partner, John, who is also an African American man. Furthermore, the presiding judge, an elderly white man, was known for denying orders of protection even when sought by white women, which creates an atmosphere where seeking court intervention might result in embarrassment and judgment for the client. This embarrassment and judgment stems from the stereotypes that mostly people who have engaged in criminal behavior belong in court; additionally, survivors experience shame about why they are appearing before a judge. Moreover, the alleged abuser is also averse to the order of protection, particularly with the specific details surrounding the situation. With its assurance of confidentiality, the appeal of mediation assumes a central role in these situations.

Recommended Citation

Sabrina Saint-Marc, Revolutionizing the System: Designing a Safe Order of Protection Mediation Program, 2025 J. Disp. Resol. (2025)
Available at: https://scholarship.law.missouri.edu/jdr/vol2025/iss1/6