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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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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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Understanding the FOAEAA: A Tool for Enforcing Support in Family Law

When families separate, ensuring that child and spousal support obligations are met is critical for the financial stability and well-being of those involved—especially children. One of the legal tools available in Canada to assist with the enforcement and establishment of support orders is the Family Orders and Agreements Enforcement Assistance Act (FOAEAA). In this blog post, we break down what the …
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Six Questions for Avagene: Insights from a Family Law Mediator and Coach

An in-depth conversation on what draws people to mediation, the challenges and rewards of the process, and the essential skills behind successful conflict resolution.   What inspired you to become a mediator? And did you assist clients who used mediation services before becoming a mediator yourself? As a family lawyer, I have advocated for clients in court for nearly two …
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