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Procedural Risk Assessment: Tips For Effective Client Interviews

The first point of contact with a new client should be designed to get information the lawyer needs to identify, assess and manage any risk associated with the file. The following tips will help lawyers conduct effective client interviews that elicit the critical information the lawyer needs to competently represent their client. 1. Make intake forms predictive: Intake forms should …
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Neurodivergence and Family Mediation Series. Part 1: ADHD – Getting Our Facts Straight

ADHD is a common condition affecting 5%-9% of children and 3%-5% of adults.  It is a neurodevelopmental disorder and is highly heritable (75%, comparable to the heritability of height).  While there are three types of ADHD (Hyperactive, Inattentive, and Combined), attention and executive function are frequently impacted in all types.  This means that children and adults with ADHD often struggle …
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Bill C-223: A good work-in-progress

Bill C-223 has opened the door to long-overdue discussion about family violence (FV) in the family law community. Family law professionals work at the very core of the dynamics that can put the safety of a parent or child at risk. Family law professionals are well behind others (eg/ mediators and health professionals) in developing professional duties and corresponding capacities …
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It is time for family arbitrators to get “screening” right

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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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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Screening for Power Imbalance & IPV in Collaborative Practice

by Cindy Chisvin & Hilary Linton Summary: The notion that if IPV exists then the clients are not candidates for the collaborative process has been dispelled. The ongoing challenge is creating protocols that family professionals and collaborative teams will follow to ensure the safety of their most vulnerable clients. The reality is that different teams, different regions follow different protocols …
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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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Navigating the Grief Cycle in Family Mediation

Caveat: I am no psychologist or psychiatrist. I often tell clients I am not my own surgeon, so I find help where help is needed from professionals. This holds even in the mediation space, where clients may need, as part of emotional readiness, to be provided with counselling or therapeutic care resources to help them get ready for mediation and …
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