Don’t do it! That’s what most of us learned in mediation training when it comes to
divorce cases in which domestic violence (D.V.) has been identified.

In February, 2003, the Supreme Court of Ohio, Cleveland Mediation Center, and local
Domestic Violence Center co-hosted training for mediators and other professionals which
suggested there might be a little “wiggle room” in that hard-and-fast rule.
In this training, we learned:

1. The dynamics of D.V. are insidious, sometimes subtle, and very difficult to alter.
They also pose dangers to victims which can threaten their lives, well-being, and financial and
family security.

2. Although it may be possible to mediate some issues that occur in a relationship in
which D.V. is present, the violence itself should NEVER be negotiated. D.V. is a crime and
should be treated as such.

3. Any family or divorce mediation case should include some screening procedure to
rule out D.V. This may include questions such as, “When you fight, are you ever scared?”
Questions should be asked in private rather than in the presence of the other spouse, for
obvious reasons.

4. In the course of a mediation, there may be more “sidebars” than in other cases. This
gives the mediator the chance to explore concerns, to get information that may not be
otherwise forthcoming, and to ask permission to pursue a particular strategy, e.g., “Is it OK
with you if I suggest such-and-such to your spouse?”

5. The victim of D.V. must be protected, to the best of our ability, both during and
after mediation sessions. Two ways to do this are with judicious referrals (such as to the
Domestic Violence Center’s 24-hour Helpline (216) 391-4357) and by building a safety plan
into the mediation.

6. One specific way of protecting clients may become legally required if the Supreme
Court changes its “Rule 16” which governs the practice of mediation with court referrals. If
these changes are passed, disputants/clients who are referred by courts would be legally allowed
to have present in mediation an advocate or support person. Some mediators already allow
this, helping to ensure that all mediation clients are safe and that decisions arising from
mediation are not coerced in any way.

In many cases, victims of domestic violence should not be considered for mediation.
However, some women who have received intensive counseling, have become strong enough to
face their battering spouses and/or are weary at how much time is involved in the traditional
divorce litigation process, are good candidates for divorce mediation and are in fact opting
for mediation. Domestic violence certainly complicates mediation. But a competent mediator who
understands the dynamics of D.V., includes a D.V. assessment into the process, and builds safety
plans into the negotiations, can serve both parties well. In this way the divorce or dissolution can
be completed safely, quickly, and fairly.