ABSTRACT
The fact cannot be ignored that the issue of the use of Alternative Dispute Resolution (ADR) mechanisms (and foremost among them mediation) and applying them to divorce disputes involving violence, was (and remains) controversial. This chapter presents the position of the critics and those opposed to applying the ADR mechanisms (foremost among them mediation) to divorce disputes involving violence and attempts to deal with their arguments on two levels. It argues that the critics and those who oppose such application do not understand the values of alternative justice. The chapter talks about Three schools: oppositional, supportive and the in-between schools. A theoretical analysis of these three schools reveals that the entire discourse is defective and even lacking. The oppositional school is defective in its theoretical failure to have a substantive understanding and internalize the alternative justice that stands at the heart of the ADR movement.
