Mediation and Domestic Abuse
January 2022 | Jane-Louise Burrows
Mediation is not always an option if there have been recent and/or repeated incidents of domestic abuse.
Engaging in mediation where there has been evidence or accusations of domestic abuse can be a very difficult situation.
In this article, an experienced family mediator at Fullers Family Law explains why mediation may be appropriate, depending on the circumstances.
The important thing is that you must share any incidents of domestic abuse with your family law solicitor or with your mediator at the pre-mediation meeting. That way your solicitor and the mediator can work out if mediation is suitable for you and the mediator can look at what measures can be put in place to help make mediation work for you and your ex-partner.
If you or any children are in any immediate danger you should always call the police on 999.
Initial Discussion
This summary provides general information and does not constitute legal advice on any individual circumstances.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
Can you Mediate?
A family mediator is specially trained to work out if mediation is the right option for you and your ex-partner. Even if you both want to attend mediation the mediator may conclude it isn’t right for one or both of you. That doesn’t mean that you have to go to court to resolve your family law dispute. There are other non-court-based resolution options, such as solicitor negotiations or family arbitration.
The mediation process starts with the mediator holding individual pre-mediation sessions with each of you to explain what mediation involves, to explore what you want to get out of mediation and if there are any barriers to mediation working for you.
Do you have to disclose Domestic Violence in a Pre-Mediation Meeting?
If you have been in a relationship involving domestic abuse, or you have been accused of domestic violence, you may not want to reveal this to your family law solicitor or your mediator. However, it is important that you do this because the mediator will only want you to start the mediation process if it is safe for you to do so and if there is a reasonable prospect of mediation being successful for you.
If you tell the mediator about the domestic abuse, then they can discuss with you what strategies can be put in place to make family mediation work. Alternatively, they can rule out mediation as an option for you, so you don’t waste time and money in going to mediation when it isn’t the best process for you.
Family Mediation Options if there has been Domestic Abuse in a Relationship
In family mediation, you need to be able to say what you want. That means mediation won't work if one party feels intimidated or there is a significant power imbalance that can't be addressed by additional mediation safeguards.
Safeguards can include:
- Mediation by zoom or online based – so you don’t have to come to the same venue as your ex-partner. If you do not like the thought of online mediation, then consideration can be given to you and your ex-partner attending and leaving at different times.
- Shuttle mediation – if you want to attend mediation sessions but you don’t want to sit in the same room as your ex-partner then shuttle mediation may be an option for you. In shuttle mediation, the mediator goes between the two different rooms to mediate.
- Solicitor-involved mediation– if you are worried that there is too much of a power imbalance or that you won't be comfortable saying anything in mediation then you could try mediation involving you, your ex-partner, your respective lawyers, and the mediator.
- Hybrid mediation – this also takes place on a shuttle basis and you may decide you have your solicitor present with you. The mediator can hold confidences about each party’s negotiating position to assist in progressing towards a settlement.
- Legal advice between mediation sessions – it is always sensible to get your own independent legal advice in between mediation sessions so you understand the law and your options so you can make informed decisions during mediation.
Family lawyers and mediators stress that even if mediation is not a suitable option for you due to certain issues such as a history of domestic abuse, the existence of a non-molestation injunction order or occupation order, or a criminal prosecution and bail conditions, there are many alternative ways to reach a family law agreement so that you and your ex-partner can move on with your lives.
Your safety is always at the forefront of any decisions. Speak in confidence to our family law team today about how we can help you.
How Can Fullers Help?
We understand that finding a mediator or solicitor that you feel understands your own specific situation can be a daunting task. So you can book a free callback with us here.
We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee promise.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you..
