Safeguarding and safety
Safety, fairness and suitability come first
Barclay Devere places safeguarding, safety and fairness at the centre of mediation. Mediation must be safe, voluntary and appropriate. If it is not, it will not proceed.
We do not treat mediation as suitable by default. Instead, we assess suitability from the MIAM onwards and review it throughout the process.
Assessment starts early
First, we assess safety and suitability at the MIAM. Then we continue to review both as mediation progresses.
Abuse and control matter
We assess for abuse, coercion, fear and power imbalance. Therefore, we will not run mediation where those issues make the process unsafe or unfair.
We will stop if needed
Finally, if mediation stops being safe, fair or suitable, we will end it, even if one or both participants want to continue.
Ongoing assessment of suitability
We review suitability throughout mediation, not just at the start. As a result, we can respond if new information emerges, if behaviour changes, or if the balance of the process shifts.
- assessment begins at the MIAM
- assessment continues throughout mediation
- the mediator can pause or end the process if circumstances change
Domestic abuse and coercive control
We assess a wide range of concerns, including physical abuse, emotional abuse, coercive or controlling behaviour, and fear of harm.
- physical abuse
- emotional or psychological abuse
- coercive or controlling behaviour
- fear of harm
If abuse or power imbalance makes mediation unsafe or unfair, we will not proceed or we will end the process.
Safety during mediation
Where mediation does go ahead, the mediator actively manages the process to keep it safe and balanced.
- manage the process safely
- address power imbalances
- prevent threatening, manipulative or intimidating behaviour
If the process becomes unsafe at any point, we will bring it to an end.
Confidentiality and safeguarding limits
Mediation is confidential. However, confidentiality does not prevent action where safeguarding duties arise or where the law requires disclosure.
- there is a risk of significant harm
- safeguarding duties arise
- the law requires disclosure
We explain these limits clearly before mediation begins.
When mediation must stop
We must not continue mediation where it is no longer safe, fair or suitable. The mediator can make that decision regardless of the wishes of the participants.
Our commitment
We offer mediation only where it is appropriate
Barclay Devere applies safeguarding requirements consistently and in line with the FMC Code of Practice. If you want to discuss suitability, safety concerns or the next step, contact us.