Designing Trauma-Informed Mediation Processes for Family Violence Cases

Mediation can be highly effective in family law. But mediation involving family violence cannot simply be approached like an ordinary dispute.

Family violence may involve physical violence, intimidation, coercive control, psychological abuse, financial abuse, or other behaviour that creates significant power imbalances between the parties. Without proper safeguards, the mediation process itself can become another opportunity for intimidation or control.

The legal context

The Divorce Act encourages parties to resolve matters through family dispute resolution processes such as mediation, to the extent appropriate. Lawyers must inform clients about those processes unless it would clearly not be appropriate — for example, because of family violence.

Trauma-informed safeguards

• Careful pre-mediation screening;
• Shuttle or caucus mediation;
• Virtual participation;
• Separate rooms and staggered arrival and departure times;
• Support persons;
• Regular breaks; and
• Ongoing monitoring of power imbalances and safety concerns.

Safe and meaningful

The goal is not merely to get an agreement. The process itself must also be safe and meaningful. In some cases, screening may show that mediation is not appropriate at all, and another process should be used.

If you are considering mediation and have safety concerns, speak with our team about the right process for you.