Can Family Mediation Take Place After Domestic Abuse?
Domestic abuse can make separation and divorce particularly difficult, especially when decisions need to be made about finances, property or child arrangements. If you have experienced domestic abuse, you may wonder whether family mediation is still an option.
The answer is that family mediation may be possible, but safety must always come first.
How does domestic abuse affect family mediation?
Domestic abuse can include physical or sexual violence, threats, intimidation, coercive control, emotional abuse and financial abuse. Its effects can continue long after a relationship has ended.
Family mediation depends on both people being able to express their views, disagree and make informed decisions freely. If one person feels frightened, intimidated or under pressure, mediation may not be appropriate.
A family mediator must therefore assess whether mediation is safe and suitable for both participants. This includes considering the history of abuse, any continuing risks and the impact that mediation could have on each person’s wellbeing. Family Mediation Council guidance
What happens at the initial meeting?
Before mediation begins, each person normally attends a separate Mediation Information and Assessment Meeting (MIAM). This allows you to discuss your circumstances and raise any concerns about domestic abuse or your safety.
The mediator will assess whether mediation is appropriate and explain the available options. If mediation is unsuitable, other routes, including legal advice and court proceedings, may be considered.
Can mediation be made safer?
In some circumstances, safeguards may make family mediation possible. These could include shuttle mediation, where you remain in separate rooms or online sessions, or hybrid mediation involving solicitors or other professionals.
However, these arrangements do not eliminate every risk. If you feel frightened of your former partner or cannot participate freely, mediation may not be suitable.
How can Hampshire Mediation help?
At Hampshire Mediation, we recognise that every family’s circumstances are different. A history of domestic abuse does not automatically rule out mediation, but nobody should feel pressured to take part.
If you are considering family mediation after separation or divorce, you can raise your concerns at your initial meeting. The priority is to identify a safe and appropriate way forward for you and, where relevant, your children.