The Illusion of Transformative Conflict Resolution: Mediating Domestic Violence in Nicaragua
55 Buff. L. Rev. 1261 (2008)
Aldana and Saucedo examine mediation programs designed to resolve domestic violence disputes in Nicaragua, arguing that restorative and transformative approaches inadvertently reinforce patriarchal power structures and subordinate women's interests to community reconciliation. The authors trace how international development initiatives promoted alternative dispute resolution as cost-effective solutions to overwhelmed court systems, often without adequate safeguards for vulnerable parties. Through interviews and case studies in Nicaragua, the article documents how mediation pressures women to forgive abuse and reconcile with abusers in the name of family preservation and community harmony. The authors critique the theoretical frameworks underlying transformative justice that celebrate dialogue and mutual understanding while minimizing the reality of coercive dynamics in relationships marked by violence. Aldana and Saucedo propose that meaningful justice in domestic violence cases requires formal legal proceedings, meaningful sanctions, and victim agency rather than mediation centered on offender rehabilitation.
Keywords: mediation · domestic violence · Nicaragua · restorative justice · women's rights · power dynamics
How to cite
Raquel Aldana & Leticia M. Saucedo, The Illusion of Transformative Conflict Resolution: Mediating Domestic Violence in Nicaragua, 55 Buff. L. Rev. 1261 (2008).