Safeguarding & Safety
Safeguarding, safety, and fairness are central to all mediation conducted through Barclay Devere.
Mediation must be safe, voluntary, and appropriate. Where it is not, it must not proceed.
Ongoing assessment of suitability
Safeguarding, safety, and fairness are central to all mediation conducted through Barclay Devere. Because mediation must be safe and voluntary, it is not treated as appropriate by default. Instead, the assessment of safety and suitability begins at the MIAM and continues throughout the entire process.
- begins at the MIAM
- continues throughout the mediation process
Mediation is not treated as appropriate by default.
Domestic abuse and coercive control
Mediators assess for a wide range of concerns, including physical, emotional, and coercive control. If mediation is assessed as unsafe or unfair due to these power imbalances, it will not proceed. Furthermore, if mediation does proceed, mediators take active steps to manage the process safely and prevent intimidating behaviour.
- physical abuse
- emotional or psychological abuse
- coercive or controlling behaviour
- fear of harm
Where mediation is assessed as unsafe or unfair due to abuse or power imbalance, it will not proceed or will be ended.
Safety during mediation
Where mediation does proceed, mediators take steps to:
- manage the process safely
- address power imbalances
- prevent threatening, manipulative, or intimidating behaviour
If mediation becomes unsafe at any stage, it will be brought to an end.
Confidentiality and safeguarding limits
While mediation is confidential, this does not apply where safeguarding duties arise. Similarly, mediation must not proceed—and may be ended—where it is no longer safe or fair. Ultimately, this decision may be taken by the mediator regardless of the wishes of the participants to ensure everyone’s protection.
- there is a risk of significant harm
- safeguarding duties arise
- the law requires disclosure
These limits are explained clearly before mediation begins.
When mediation must stop
Mediation must not proceed, and may be ended, where:
- it is no longer safe
- it is no longer fair
- it is no longer suitable
This decision may be taken by the mediator regardless of the wishes of the participants.
Our commitment
Barclay Devere applies safeguarding requirements consistently and in line with the FMC Code of Practice.
Mediation is offered only where it is appropriate to do so.