Divorce Mediation & Intimate Partner Violence in Canada

In Canadian divorce proceedings, mediation is never automatic when intimate partner violence (IPV) is involved. Mediators are required to screen for safety risks and power imbalances before accepting a case, and they may refuse mediation if it cannot be conducted safely or fairly.

Under the Divorce Act (2021 amendments), courts and professionals must consider family violence—including physical, sexual, psychological, financial abuse, and threats—when making decisions.

Across provinces, policies like the Ontario Association for Family Mediation’s IPV guidelines and Atlantic Canada’s family justice protocols addressing family violence emphasize survivor protection, safe process design, and mediator accountability. 

Divorce mediation works toward mitigating IPV risk by embedding safety at every stage—through screening, process design, and mediator discretion—ensuring survivors are protected and agreements remain fair.

1. Screening and Safety Assessment

Prior to commencing mediation, each party shall participate in confidential intake interviews conducted by the mediator to assess risks of family violence, coercion, or intimidation. The mediator shall retain discretion to decline or terminate mediation if safety or fairness cannot be assured.

2. Separate Sessions (Shuttle Mediation)

Where intimate partner violence or significant power imbalance is identified, mediation shall proceed by way of separate sessions. The parties shall not be required to meet face-to-face. The mediator may use shuttle mediation, virtual breakout rooms, or staggered attendance times to minimize intimidation and ensure safety.

3. Safety Planning and Supports

The mediator may coordinate with counsel, community resources, or support services to ensure that appropriate safety measures are in place during and after mediation. This may include secure meeting locations, staggered arrival and departure, or remote participation.

4. Continuous Screening

The mediator shall conduct ongoing screening throughout the mediation process. If at any stage the mediator determines that the process has become unsafe or unfair, mediation shall be suspended or terminated immediately.

5. Safe Termination Rights

Either party may withdraw from mediation at any time without prejudice to their legal rights. Termination of mediation due to safety concerns shall not be construed as bad faith or refusal to cooperate.

6. Confidentiality and Records

All screening and mediation sessions shall remain confidential, subject to statutory exceptions (e.g., imminent risk of harm, child protection concerns). The mediator shall document safety measures taken and reasons for termination, if applicable.