Mediation is often viewed as a constructive, alternative way to resolve family disputes, but it is not appropriate in every situation. Where there is domestic abuse, whether in the past or ongoing, safety must always take priority. A professional mediator recognises this and places safeguarding, autonomy and informed choice at the centre of every decision.
Understanding domestic abuse in a mediation context
Domestic abuse is not just physical violence. It can also include emotional abuse, coercive or controlling behaviour, intimidation, financial control, and psychological harm. These dynamics can significantly affect a person’s ability to participate freely or safely in any form of negotiation.
Because mediation relies on voluntary and balanced participation, identifying these risks is essential before the process begins.
How safety is assessed
Safety assessments usually take place early on during individual meetings, such as a MIAM. Mediators are trained to ask sensitive and appropriate questions to understand:
- Whether abuse has occurred in the past
- Whether there are ongoing risks or fear
- Whether there is a significant power imbalance
These conversations are confidential and approached with care. The purpose is not to pressure anyone into mediation, but to ensure parties are able to make informed and safe decisions.
When mediation may be possible
In certain circumstances, mediation may proceed where abuse is historical and robust safeguards can be put in place. These may include:
- Shuttle mediation, so that direct contact can be avoided
- Clear boundaries and strict ground rules being set
- Ongoing review of safety throughout the process
- Hybrid mediation where parties are supported by their lawyers in the sessions
Even in these situations, mediation will only continue if all parties feel able to participate safely and voluntarily.
When mediation is not suitable
If mediation is deemed to be unsafe or inappropriate, the mediator will explain alternative options, including solicitor-led negotiation, arbitration or court proceedings, and can assist with any exemptions required for court applications.
Survivors are never expected to justify their decision not to mediate, and declining mediation is not viewed negatively.
A safety-first approach
Responsible mediation does not prioritise agreement over wellbeing. Protecting individuals from harm (both physical and emotional) is always more important than resolving a dispute quickly. A mediation process that recognises when not to proceed is one that genuinely puts people first.
For help and advice around mediation, contact our experts on 0113 322 9222 or email enquiries@consilialegal.co.uk.