Resolution Institute
2025 Model Standards
Put Safety & Voluntariness First
The 2025 Model Standards for Family and Divorce Mediation — developed by AFCC and the ABA Family Law Section Task Force and adopted by ACR, APFM, and the ABA Dispute Resolution Section — mark the first comprehensive revision since 2000. Here is what every family mediator needs to know, with the actual provisions.
"Rather than relying on categorical labels, [the Standards] encourage mediators to attend to specific participant behaviors that may affect the safety and suitability of the mediation process for each family."
— Reporter's Foreword, 2025 Model Standards
Shifting Terminology and Centering Voluntary Choice
The 2025 Standards replace "domestic violence" and "child abuse" with domestic abuse and child maltreatment — more inclusive terms that capture the full spectrum of harm. Domestic abuse is now defined to include physically, sexually, economically, and psychologically aggressive behaviors, as well as coercive control.
The Standards also distinguish self-determination (making voluntary, autonomous choices) from informed decision-making (having access to sufficient information to make those choices meaningfully). Both must be present.
Standard I.A: "The mediator shall encourage the parties to generate options for consideration and make voluntary and autonomous decisions at every stage of the process. This includes deciding whether to mediate, structuring the mediation process, and making agreements."
Standard I.B: "The mediator shall address dynamics that might undermine the parties' ability to meaningfully participate in mediation, including past or present domestic abuse, child maltreatment, behavioral concerns, substance use, self-representation, language barriers, literacy, cultural norms, financial pressure, and access to and competence in the use of technology, among others."
Standard I.E: "The mediator shall never pressure parties into settlement."
Assessing Capacity and Tailoring the Process
A new standalone standard — Standard IV — requires mediators to meet separately with each party to evaluate capacity, safety, and appropriateness before proceeding. The focus is on specific behaviors and conditions, not categorical labels.
Standard IV.A: "The mediator shall meet separately and confidentially with each party to examine each party's capacity for self-determination and informed decision-making and whether the process is likely to be safe and result in safe and workable outcomes."
Standard IV.B: "The mediator shall explore separately and confidentially with each party the nature of any barriers to participation, including past or present domestic abuse, child maltreatment, behavioral concerns, substance use, self-representation, language barriers, literacy, cultural norms, financial pressure, and access to and competence in the use of technology, among others."
Standard IV.C: "In consultation with each party, the mediator shall explore and assess the effectiveness of safeguards and process modifications that are tailored to address barriers to meaningful participation in mediation. When facing one or more of these impediments, mediators shall discuss with participants whether process modifications adequately address them or if an alternative resolution process should be considered."
Standard IV.D: "The mediator should not conduct a mediation if the mediator believes that any party is unable or unwilling to meaningfully participate."
Mandatory, Ongoing, Confidential Screening
Standard V goes beyond initial intake. Mediators must screen throughout the process — not just at the start — and specifically address coercive control, not just physical violence.
Standard V.A: "The mediator shall screen each prospective party, separately and confidentially, for the possible existence of past or present domestic abuse, including but not limited to coercive control, prior to seeking their informed consent to mediate. The mediator shall screen and monitor for indications of domestic abuse throughout the mediation process, whether or not it was identified at the outset."
Standard V.B: "When domestic abuse is identified as a possible issue, the mediator shall examine the nature and context of the abuse and help each party assess its impact on their meaningful participation in the mediation... The mediator shall help the parties determine what, if any, safeguards and process modifications will effectively address specific concerns. If barriers to effective participation cannot be remediated, the mediator shall help the parties explore other available options for dispute resolution."
Standard V.C: "The mediator shall not undertake mediation without specific training on identifying the nature, context, and dynamics of domestic abuse, including but not limited to coercive control and its impact on parenting, co-parenting, children, and the mediation process. Mediators shall obtain ongoing and updated training on these topics."
"Abusers may use mediation to continue their pattern of abuse through intimidation, coercion, or emotional manipulation, making it difficult for survivors to advocate for themselves or make informed, independent decisions. Mediators must remain vigilant in recognizing these dynamics and ensuring that mediation does not become another avenue for control by an abusive party."
Safeguarding Children — Including Authority to Suspend or Terminate
Standard VI addresses child maltreatment with clear obligations around training, reporting, referrals, and — critically — the express authority to suspend or terminate where concerns exist.
Standard VI.A: "The mediator shall not undertake a mediation in which there are allegations of child maltreatment without relevant training and expertise."
Standard VI.B: "The mediator shall explain and comply with the scope and limits of confidentiality as determined by relevant law and the mediator's professional standards and guidelines, including but not limited to any mandatory reporting requirements related to child maltreatment."
Standard VI.C: "The mediator should provide the parties with referrals to appropriate services for the family, including child protective services, counseling, and legal advocacy, among others."
Standard VI.D: "The mediator should consider the appropriateness of suspending or terminating the mediation process in situations where child maltreatment has been alleged or the mediator identifies concerns."
Ensuring Parties Have What They Need to Decide
The 2025 Standards elevate informed decision-making to its own standalone standard — structurally separating it from self-determination to underscore that both must be independently satisfied.
Standard II.A: "The mediator shall facilitate safe and accurate disclosure of information so that parties can make informed decisions. Before and during mediation, the mediator should allow time for parties to consult with appropriate experts and support persons, including attorneys, advocates, financial experts, therapists, religious figures, educators, elders or friends, among others."
Standard II.C: "If either party wants their attorney or advocate to be present, the mediator should include them in the mediation process unless an applicable statute, regulation, or court rule precludes the presence of attorneys or advocates. When only one party has an attorney present at the mediation, the mediator should consider the power disparity and may take steps to address the potential imbalance, including but not limited to pausing the session, bringing in support participants, or terminating the mediation."
Whether you're a mediator, attorney, or professional working with families in conflict, we're here to help you navigate these evolving standards with skill, care, and confidence.
Standard provisions quoted directly from the 2025 Model Standards for Family and Divorce Mediation, © AFCC.