Navigating Mediation With a History of Domestic Violence
Mediation can often be a helpful tool when navigating a family law issue, such as a divorce or custody dispute. Mediation is a form of alternative dispute resolution (ADR) that allows you to resolve issues outside of court. Often, choosing mediation means less stress, faster resolution, lower costs, and more control over the outcome. However, when there is a history of domestic violence between the involved parties, for example, the divorcing parties, the situation can become quite complicated.
If you are involved in family law mediation and there is a history of domestic violence between you and the other party, it is vital to understand your rights, how the process works, and the measures that can help ensure your safety and well-being throughout the process.
Is Mediation Suitable for Your Situation?
Mediation can be an effective alternative to family court. However, it is not suitable in all cases. Mediation may not be appropriate for family law cases involving domestic violence. Some courts’ mediation programs even allow individuals to opt out of mediation if domestic violence is present. In other cases, courts may mandate mediation, but provide accommodations to ensure the safety and well-being of individuals in cases involving domestic violence. Usually, the primary concern is whether the survivor feels safe enough to engage in mediation and whether they can express themselves freely and advocate for their interests without fear of intimidation or retaliation.
However, for some survivors of domestic violence, mediation might actually seem like a safer option. Court proceedings are usually in person, adversarial and may provoke more threats or abuse. If mediation is organized properly, it can offer a more private, controlled environment where talks happen with the help of a neutral third party and is often virtual by using a platform like Zoom.
Mediation Formats That Protect Safety
When domestic violence is involved, traditional face-to-face mediation may be inappropriate. Fortunately, there are alternatives that focus on ensuring the safety of survivors, including the following;
- Shuttle Mediation: In this type of mediation, the parties stay in different rooms, and the mediator moves back and forth between them. This option can help prevent direct interaction with the abuser, making you feel safe enough to speak openly.
- Telephone or Online Mediation: You may have the option of participating in mediation by phone or online. Engaging in mediation virtually reduces the risks associated with physical closeness.
- Staggered Arrival and Departure: Some mediation programs allow the parties to arrive and leave at different times, preventing encounters before or after mediation.
One of the most important things to remember during mediation is that you are not under any obligation to reach an agreement. If you feel unsafe or the proposed terms aren’t in the best interest of you or your children, you can refuse to agree and instead ask to go to court.
Contact Us for Legal Help
If you’re involved in mediation and you are a domestic violence survivor, contact a mediation lawyer at Darla K. Snead, P.L. We understand the complexities of domestic violence cases in Florida and handle most mediations virtually. We are here to ensure your safety and that of your children.
