https://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=1391&context=jdr

This article provides suggestions for family mediators in screening child custody cases where domestic violence is present. Power imbalances in relationships with domestic violence may compromise negotiation in mediation, but mediation is advantageous over traditional litigation in that it is a less hostile and time-consuming process. The author recommends addressing the issue on a case-by-case basis, never mediating the actual abuse. The article outlines current screening methods, a trial judge's obligation in screening domestic violence cases as well as mediator and program administrator obligations. While some states have rules and statutes for some of these issues, none of them has a comprehensive approach to screening domestic violence in cases brought to mediation. In that vein, the author presents a mediation screening framework that includes mediator training, an initial interview with the parties, continued screening throughout the mediation process and utilizing safety measures - such as shuttle mediation, allowing the victim a support person in the session or terminating a session - in order to protect mediation participants.