Mediation helps many couples resolve divorce issues, but what happens when there’s a history of domestic violence? In California, mediation is still possible in these cases, but the process changes to protect the safety of the person affected.
Special rules apply in custody mediation
If your case involves children, the court may still order mediation to address custody and visitation. However, when there are allegations or a history of abuse, the court must take extra precautions. California law requires mediators to follow special procedures in these situations.
You may be allowed to meet separately from the other parent, or mediation might take place with a support person present. The mediator must ensure that you feel safe and not pressured to agree to anything.
Voluntary participation in other divorce issues
For things like property division, spousal support, or a divorce settlement, mediation is voluntary. If you don’t feel safe being in the same room, or even the same process, with the other person, you don’t have to participate. Many courts will recognize this and allow the divorce to proceed through litigation instead.
Safety takes priority over efficiency, and the court won’t penalize you for avoiding mediation under these circumstances.
Mediators are trained to recognize abuse
Family court mediators receive training on domestic violence. They’re required to screen for safety issues and adjust the process as needed. If you disclose abuse, the mediator must take steps to protect you and may even stop the session if it becomes unsafe. This allows people in high-conflict or dangerous situations to explore options without risking their well-being.
Divorce mediation can work even when domestic violence is a factor, but it has to be handled carefully. California law offers protective options so you can focus on safe, fair solutions.