A mediator is a third-party neutral who assists parties in reaching a voluntary resolution. There is no particular licensing requirement or educational track for mediators, and as a result their background and skill level vary considerably. Only seventy percent of surveyed mediation programs report regular mediator training on domestic violence. Whether couples with a history of domestic violence should enter into mediation is a subject of intense controversy (Ver Steegh, Yes, No, and Maybe, 2003 at 198-202).

Concern stems from the premise that a power imbalance between the victim and the perpetrator will result in a coerced settlement. A victim of abuse may acquiesce to the batterer's demands because of fear of retaliation (Family Violence Project of the National Council of Juvenile and Family Court Judges, Effective Intervention in Domestic Violence and Child Maltreatment Cases: Guidelines for Policy and Practice (PDF 380KB), 1999, Recommendation 48 at 91).

Mediators generally believe that power imbalances can usually be managed by a specially trained mediator using special procedures. Such procedures include making detailed security arrangements, encouraging representation, requiring and enforcing strict ground rules, using separate caucuses, and monitoring for lopsided agreements (Thoennes et al., Mediation and Domestic Violence: Current Policies and Practices, 1995). If mediation is ordered in a custody case where there is domestic violence, the court should be certain that the mediator is indeed specially trained and follows these special procedures (Thoennes et al., Mediation and Domestic Violence: Current Policies and Practices, 1995).