Can You Mediate When There Is a History of Domestic Violence?
Short answer: Florida courts should not refer a case to mediation if there has been a history of domestic violence that would compromise the mediation process. Where mediation does go forward, it can be restructured so the parties never interact directly, using separate rooms, separate video sessions and staggered arrivals. Safety always comes before settlement.
Mediation depends on both people being able to negotiate freely. When one person has been controlled, threatened or harmed by the other, that foundation may not exist. Florida law recognizes this.
What Florida law provides
Under Florida's mediation statute, upon motion or request of a party, a court shall not refer a case to mediation if it finds there has been a history of domestic violence that would compromise the mediation process. A party can raise the concern with the court, and the judge decides whether mediation should be excused or modified.
Signs mediation may be compromised
- Fear of the other party or of retaliation for disagreeing
- A pattern of control over money, communication or decisions
- An existing or recent injunction
- Threats related to the children or the case
- Inability to speak freely in the other party's presence
Safer ways to mediate
Protective formats
- Separate rooms for the entire session (shuttle mediation)
- Separate video sessions with no shared screen
- Staggered arrival and departure times
- Attorneys present for both sides
What to avoid
- Joint sessions where pressure can be applied
- Mediating without counsel
- Agreeing just to end the process
Injunctions: If an injunction is in place, the mediation format must comply with it. The mediator and counsel should know about the injunction before the session is scheduled.
No settlement is worth more than your safety or your children's.
Mediators screen for this
Florida-certified family mediators are trained to watch for domestic violence and power imbalances. A mediator can end a session that is not safe or not voluntary. Telling your lawyer and the mediator about concerns ahead of time lets them plan the right format.
If you are the respondent
If you have been accused of domestic violence and mediation is being challenged, how you respond matters for both the family case and any related injunction or criminal case. See domestic violence injunctions in Florida.
When to talk to a lawyer
Heather Harris Law represents Brevard County clients in family mediation and family law matters where safety is a concern, and can ask the court to excuse or restructure mediation when appropriate.
Frequently asked questions
Does domestic violence automatically excuse mediation in Florida?
Not automatically. A party can ask the court, and the court should not refer the case to mediation if it finds a history of domestic violence that would compromise the process.
What is shuttle mediation?
Shuttle mediation keeps the parties in separate rooms or separate video sessions while the mediator moves between them, so they never interact directly.
Can mediation happen if there is an injunction?
Sometimes, in a format that complies with the injunction, such as separate video sessions. The court and the mediator must be told about the injunction.
Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.