Duty of Mediator to Screen for Domestic Violence During Mediation Referred or Ordered By the Court

Duty of Mediator to Screen for Domestic Violence During Mediation Referred or Ordered By the Court. (a) A mediator who, in a proceeding brought outside of this Chapter, receives a referral or order from the court to conduct mediation shall screen for the occurrence of domestic or family violence between the parties. (b) A mediator shall not engage in mediation when it appears to the mediator or when either party asserts that domestic or family violence has occurred unless: (1) Both parties consent to mediation; (2) Mediation is provided in a specialized manner that protects the safety of the victim by a certified mediator who is trained in dealing with domestic or family violence or by a member of the community who is traditionally acknowledged to be qualified to perform such a role; and (3) The victim is permitted to have in attendance at mediation a supporting person of his or her choice, including but not limited to an attorney or advocate. Source: PL 12-19, § 2 (306).