Since 2007, the Ontario government has regulated family arbitration practice. A key requirement is the arbitrator’s responsibility to ensure that parties have been screened for power imbalances and family violence before they participate in an arbitration. On February 24, 2026, Hilary Linton and Borzou Tabrizi joined Judith Nicoll to present on the legal requirements for arbitration screening. Here are the …
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Author Archives: Hilary Linton
It is time for family arbitrators to get “screening” right
Should family lawyers have a duty to screen for family violence?
Bill C-223, An Act to amend the Divorce Act, has ignited discussion in the family law community. Whether that private member’s legislation becomes law or not, it is an opportunity to reflect on the responsibility of the bar to adapt their practices to reflect the pervasiveness of family violence in our culture. The Bill proposes the following new clauses: (2.1) …
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Lexis Nexis Publishes Comprehensive Ontario Guide to Screening for Power Imbalances and Family Violence in Family Dispute Resolution
After more than a year of research, writing, drafting, edits and more edits, I am so pleased to announce that Lexis Nexis Practical Guidance has just published a complete, comprehensive guidance for family law professionals on the topic of screening for power imbalances and family violence. Family mediators have long understood the importance of following well-established best practices for identifying, assessing and …
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Living with your ex: What you need to know
On July 30, 2025, I had the pleasure of being a guest on CBC’s Ontario Today. The topic was “Living with your ex: what are the challenges?” Host Amanda Pfeffer highlighted research showing the trend in post-separation cohabitation, and the challenge this presents, particularly for women who are more likely to be vulnerable. Callers ranged from those who had a …
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How to Build a Successful ADR Practice
On March 25, I joined a great group of ADR professionals to discuss the important topic of building an ADR business. Speaking with me at this well-attended Ontario Bar Association event were Katherine Shadbolt, Joe Sullivan, Mary-Anne Popescu and Ray LeClair. We covered a lot of ground in the two hours that we had; here are some of the key …
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Mediation vs. Arbitration: What is the Difference?
What is the difference between Mediation vs. Arbitration? Mediation: Is a voluntary negotiation led by a mediator who does not make decisions. Mediators screen each party first to ensure the matter is appropriate for mediation Mediation can be in person or virtual; in one room or by shuttle between two rooms; and can take place over several days or all …
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We Do Child’s Voice Reports!
Did you know that Hilary Linton, Avagene Skervin, Lindsay Kertland and Borzou Tabrizi are all trained to interview children? We are strong believers in child-inclusive mediation and parenting coordination. Why? Because interviewing children makes us better at what we do. In our practice as mediators, parenting coordinators and arbitrators, we keep the views and preferences of the child in focus …
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Family Dispute Resolution: Process and Practice (2024) Book Review by Hilary Linton
This book review was originally published by SLAW on May 6, 2024. Family Dispute Resolution: Process and Practice, just published by Oxford University Press, is THE book that family dispute resolution (FDR) practitioners and educators have been waiting for. Edited by Peter Salem and Kelly Browe Olson, this book delivers the goods like no other— all 600+ pages of …
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