Can You Mediate When There Is a History of Abuse? Yes, Here Is How

Added: 2026-05-28

[00:00:00]Mediation is always an option.

[00:00:02]There is never a time not to mediate because if you think of the worst case scenario, um bad abuse, right? There's this terrible abuse, there's a terrible power dynamic in the family. You would think don't mediate. There are other guardrails in that case. In that case, you will not meet in person. Won't happen, right? Why would a person who represents an abused victim who is still going through the process, I cannot see my abuser? Why would you put him in the same room? Nothing good is going to come of that, right? If you don't settle at mediation and you just go to litigation, there is still going to be a moment where the abuser and the abused are in the same room. It's in the courtroom.

[00:00:42]And there's a whole lot more stressors in the courtroom when you're together than there is in mediation, particularly if you don't have to face the accuser.

[00:00:49]So, you don't get off the hook by saying we'll go to litigation and not mediation cuz I won't have to confront the abuser.

[00:00:57]Given that scenario, it is good to try to take the opportunity under the right circumstances to get a case resolved at mediation if possible.