MCR 3.216(H)(2) provides: The mediator must make reasonable inquiry as to whether either party has a history of a coercive or violent relationship with the other party. The rule instructs that mediators conducting divorce mediations must be both sensitive and faithful to the sentiments underlying the statute. Our Supreme Court promulgated a court rule emphasizing the same principles. And the only way a mediator can realize that a history of domestic violence may play a role in mediation is to ask about it. The mediator must be sensitive to that dynamic, because mediation tainted with the emotional residue of -1- domestic violence is inherently imbalanced. In a marriage plagued by domestic violence, the victim may be unable to assert her or his needs, or may be particularly susceptible to controlling or coercive tactics. The statute assigns to the mediator the task of maintaining that balance. This language comprehends that an equitably conducted mediation depends on a balance of power among the participants. (3) A mediator shall make reasonable efforts throughout the domestic relations mediation process to screen for the presence of coercion or violence that would make mediation physically or emotionally unsafe for any participant, or that would impede the achievement of a voluntary and safe resolution of issues. A reasonable inquiry includes the use of the domestic violence screening protocol for mediation provided by the state court administrative office as directed by the supreme court. In relevant part, the statute provides: (2) In a domestic relations mediation, the mediator shall make reasonable inquiry as to whether either party has a history of a coercive or violent relationship with the other party. If the mediator learns that domestic violence may have infected a marriage, he or she must assess whether mediation nevertheless can be conducted safely, fairly, and effectively. The statute places on the mediator the primary obligation to determine whether any participant has been a victim of domestic violence. Our Legislature enacted MCL 600.1305 to protect victims of domestic violence during mediated divorce proceedings by mandating an evaluation of whether the dynamics of the parties’ relationship may inhibit equitable, informed, and independent decision-making. Before: MURRAY, C.J., and SAWYER and GLEICHER, JJ. STATE OF MICHIGAN COURT OF APPEALS JODY POHLMAN, UNPUBLISHED JanuPlaintiff-Appellant, v No.
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