Can Domestic Cases be Mediated?

Yes- domestic cases such as divorce and child custody are prime candidates for being mediated. However, not all divorce and child custody matters can be settled via mediation. For instance in cases where a clear disparity of power exist between the parties, such as domestic violence situations, it is not always possible for the issue to be fairly and mutually agreed upon and therefore can not be resolved via mediation.


The reasoning behind this is that the very fabric and core of mediation is to let the parties jointly come to a resolution that is based on honesty, fairness and mutual compromise ending in a win-win situation. Often times in a situation such as mediation the abused voice becomes silenced and they are not in a position to either agree or disagree with the abuser.


Ask yourself a few questions to see if mediation is right for your domestic issue:


Mediation is ideal if you are:

• In control of your emotions
• You and your spouse are on speaking terms
• You are willing to take responsibility for jointly creating and following through on your separation agreement

Mediation is not ideal at this time if:

• Physical and/or mental abuse is currently an issue.
• A significant power or financial imbalance in your relationship.
• You have no interest in what is fair you rather just stick it to your spouse and be done with them.