چکیده مقاله
Violence against women, particularly within the family context, constitutes a significant challenge in contemporary criminal law and social policymaking Due to its concealed nature, persistent character, and foundation in unequal power relations, addressing this phenomenon requires a precise and carefully calibrated approach One of the notable instruments adopted by legal systems in recent years is the use of mediation as a non judicial method for the resolution of such cases; however, its effectiveness in situations involving gender based violence is subject to serious doubt The principal issue addressed in this study is the critical evaluation of the effectiveness of mediation in cases of violence against women, as well as the identification of its advantages and challenges through a comparative examination of Iranian and English law This research employs a descriptive–analytical method and a comparative approach By clarifying the nature of violence against women and the theoretical position of mediation within restorative justice, it examines the legal and procedural frameworks governing this institution in the two legal systems The findings indicate that in Iranian law, a reconciliation oriented approach and an emphasis on preserving the family have transformed mediation into a process characterised by limited oversight and, in some instances, one that runs contrary to the real interests of women subjected to violence By contrast, English law, through the adoption of a precaution based and victim centred approach, applies mediation in a restricted and conditional manner, under supervision, and on the basis of risk assessment and guarantees for the woman’s safety The innovation of this research lies in offering a critical analysis of mediation not merely as a dispute resolution tool, but as a potentially dangerous mechanism in situations marked by gender based power imbalance The results demonstrate that the realization of justice and the prevention of the reproduction of violence require a serious reconsideration of mediation policies and the prioritization of the principle of protecting women victims of violence over formalistic and reconciliation oriented expediencies
کلیدواژهها
نویسندگان
Zahra Alipour Panabandani
PhD student in Criminal Law and Criminology Azad University Central Tehran Branch
شیوه ارجاع
Alipour Panabandani, Zahra,1404,Assessing the Effectiveness of Mediation in Cases Involving Violence Against Women: Risks and Benefits (A Comparative Study under Iranian and English Law),23rd International Conference on Legal and Judicial Studies
ارائهشده در
مجموعه مقالات بیست و سومین کنفرانس بین المللی حقوق و علوم قضایی17 بهمن 1404 · مسجد سلیمان