Draft Mediation Screening and Assessment Resource
Resolution’s response to the FMC and FMSB.
Resolution’s response to the FMC and FMSB’s draft Mediation Screening and Assessment Resource (MSAR), to assist in assessing the safety and suitability of mediation in the context of domestic abuse
Resolution appreciates that it is challenging to balance time and cost against depth of inquiry during in initial meetings, which are often limited to 60 to 90 minutes. During this time mediators need to build rapport and trust; explain the mediation process (and other OCDR processes in a statutory MIAM); conduct a risk assessment including around domestic abuse and power imbalance; and gather basic facts about the dispute.
Resolution is concerned that the volume of questions in the MSAR could make this unmanageable within a single MIAM, especially for sole practitioners managing caseload pressures. Lengthy, detailed questioning (e.g., about emotional abuse, finances, intentions) can understandably consume a disproportionate amount of time, especially if phrased in a manner that requires nuanced, reflective answers or prompts emotional responses. Whilst a two-tiered assessment model (initial and enhanced) might be more ideal, this of course creates issues about paying for two meetings rather than one.
Resolution,
June 2025