Mediation and the Abusive Relationship

You may have been told that your divorce case will require mediation. if you have been in an abusive marriage, you may feel especially nervous about facing your spouse since mediation is less formal than a courtroom.

It is common to feel a little nervous, and also to feel worried that you may give in too easily.  You and your attorney should discuss in advance how to handle the situation –  what to do if you need a few minutes to gather your thoughts, and what to do if things begin to get heated.
A trained mediator will also be ready to respond to these types of concerns. For instance, in mediation, the parties are sometimes sent into different rooms or even physically kept apart for the entire mediation.
There are many kinds of abuse and intimidation. You should be honest with yourself and your attorney about your concerns for your safety, and your ability to think clearly in the mediation setting.
If your situation has involved domestic violence or there is another reason to fear for the safety of yourself and the others involved, the judge may need to be informed and additional safety precautions may need to be taken.
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