Why family violence affects mediation
Mediation works best when both parties can participate freely and on reasonably equal terms. Where there is family violence or coercive control, one party may be unable to negotiate safely or freely — meaning any agreement reached may not reflect genuine consent.
The legal exemption
Under section 60I of the Family Law Act 1975, you are not required to attempt FDR if there is a risk of family violence. An accredited FDRP can issue a s60I(8)(b) certificate — which allows you to apply to the Federal Circuit and Family Court of Australia directly without mediation — if FDR is assessed as not appropriate in the circumstances.
Can mediation ever be appropriate with DV history?
In some situations — where violence is historical rather than ongoing, safety plans are in place, and both parties genuinely consent — carefully managed mediation with appropriate safeguards (such as shuttle mediation, where parties are in separate rooms and never meet face-to-face) may be considered. This is a decision made carefully by the FDRP in consultation with both parties and relevant support services — never assumed.
Protective orders and mediation
If an Apprehended Violence Order (AVO) or Family Violence Intervention Order is in place, mediation may need to be conducted in a way that complies with the order's conditions. Always disclose any existing orders to the FDRP before a session is scheduled.
Where to get help
1800RESPECT (1800 737 732) offers free, confidential support 24 hours a day. They can also help you access legal services and safety planning. Legal Aid in your state can provide advice on your options when family violence is present.
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