Tim Melville-Walker is wrong to say that the Legal Services Commission is forcing victims of domestic violence to go to mediation (see [2007] Gazette, 25 October, 13).


Where a client is faced with an imminent threat of violence and is making an emergency application for an injunction, there is no requirement to consider mediation.



In other cases, clients will not be required to consider mediation if they have made an allegation of domestic abuse against a potential party to the mediation and this has resulted in a police investigation or the issuing of civil proceedings for the protection of the applicant in the last 12 months.



If neither of the above applies, the client may be required to attend a separate assessment meeting with a mediator to determine if the case is appropriate for mediation. Mediators can use their professional discretion in determining whether a client should physically attend such a meeting.



Mediation is a voluntary process and the client will never be compelled to attend. However, it can be an extremely effective way of resolving a family dispute even where there have been incidents of domestic abuse.



The safety and protection of clients is, and remains, our primary consideration and is an integral part of training for family mediators.



Sara Kovach-Clark, Head of Civil Policy Development - Family, Legal Services Commission, London