In a family mediation or divorce mediation where domestic violence issues have been raised, the mediator must use sound judgment whether mediation is appropriate. Typically, if there is a history or pattern of domestic violence, family mediation or divorce mediation is not appropriate due to the over-riding power imbalance of the parties. Where there is a pattern or history of domestic violence the parties should ideally be represented by attorneys through a case filed in court, so that the court can oversee a potentially dangerous situation. Where there are allegations of domestic violence against children, mediation should ONLY take place only by court order and under its supervision. Occasionally, due to the extreme emotions attendant to a Separation or Divorce, a non-typical, violent escalation of the parties may occur, and mediation, with attorney representation for each party, may be appropriate in the sound discretion of the parties, their attorneys and the mediator.
