Sure. The best way for me to respond to that is to describe the two scenarios in which that woman is going to find herself, and it's typically a woman in domestic abuse and domestic violence: Either she's going to be in a form of dispute mechanism that can be tailored and structured to be sensitive to her needs and the needs of the children or she's going to submit herself to a litigation process.
When I'm a litigation counsel and that unfortunate woman is in front of me as the opposing party, my job is not to be a nice guy. Unfortunately, what frequently happens in litigation is that this woman is going to be abused again. Her husband is going to be sitting beside me, and I'm going to be cross-examining her, and her situation is going to be very uncomfortable and relatively unconstrained by the judge, who needs to remain neutral.
On the other hand, when I do dispute resolutions as a collaborative lawyer, to be effective, my job is to be empathetic and understanding. In my opinion, that structure can be made, through different mechanisms that have been commented on by Ms. Guindon, to make her safe and to allow her to be heard in a way that's much less traumatic than the litigation process.
Even with domestic violence, I think special arrangements need to be made, but it's still a better process than saying, “Alternative dispute resolution doesn't work for you. Go into a courtroom and let the lawyers have at it.” That's my opinion.