Policy analysis reveals safety risks of domestic abuse mediation in Orthodox Jewish divorces, suggesting culturally responsive reforms to protect survivors from revictimization.
Alternative Dispute Resolution (ADR) plays an increasingly important role in high‐conflict divorce within Orthodox Jewish communities, yet it must adapt to a uniquely complex cultural and legal landscape. Divorce in Orthodox communities often unfolds across dual systems: civil courts and the beth din (Jewish religious court). Parties may dispute not only substantive matters such as custody and asset division, but also which forum should resolve them. Overlapping beth din jurisdictions and state laws limiting religious arbitration add further procedural complexity. As divorce has become more culturally acknowledged in insular Orthodox communities, both litigants and communal leaders have increasingly turned to mediation as an alternative to adversarial litigation methods. Two primary models have emerged: mediation conducted within a beth din, often as part of a mediation‐to‐arbitration pipeline, and informal community‐based mediation facilitated by culturally embedded individuals, many of whom lack formal training but offer deep cultural competency. These models present particular challenges in cases involving domestic abuse. Survivors must navigate trauma, diminished resources, and the religious divorce process (get), and work within systems that may have limited training and resources on abuse. When beth din and community‐based mediators lack training, screening tools, and appropriate amelioration methods for navigating abuse cases, the outcomes may lead to further conflict and trauma for survivors. This article examines the risks and strengths of beth din and community‐based mediation models and proposes culturally responsive, abuse‐informed reforms, including enhanced screening, specialized training, referral pathways for high‐risk cases, and communal funding mechanisms to promote safer, more equitable dispute resolution.
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Keshet Starr (2026) studied this question.
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