A Judge’s Guide

RECURRING ISSUES
Even where mediation in custody cases involving domestic violence has not been
excluded, “[m]ediation should not be ordered over the objection of an alleged
victim.” 139 When determining if there is an appropriate circumstance for
mediation, you need to do the following:
• Screen for domestic violence (mediators should also routinely screen).
• If the victim requests mediation, take steps to ensure the safety of the victim
and children, such as requiring separate sessions or allowing a support person
to attend mediation with the victim.
• Use mediators specially trained in domestic and family violence. 140
136 136