Screening is the first step in all family mediation, collaborative law and arbitration cases. The purpose of screening is to ensure that the parties and the process are a good match. There are two options for doing it well. Either the mediator (or mediator-arbitrator) meets separately with each party, or an independent third party meets them both and provides a …
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Category Archives: Screening for Power Imbalances and Family Violence
Family Arbitrators: Protect Your Deductible and Screen Well!
Identifying and Assessing Family Violence and Power Dynamics
What are the fundamental principles of ADR? What are some basic screening concepts I should know before starting mediation and/or arbitration? What are mediators looking for when assessing for risk? Learn measures mediators use to balance power and keep parties and children safe. Alternative dispute resolution (ADR) functions with three fundamental principles: ADR is a voluntary process ADR is a …
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Do No Harm: Should I Move Fast or Slow?
Whether you have left an unhappy situation, or are heartbroken about being left by someone you love or need—anxiety around the prospect staying connected to your separated spouse is visceral. For children, the frustration and despair is multiplied. Children have no control over the decisions of their parents, the spread of the coronavirus, nor the conditions in which they find …
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Legal Duties of Family Mediators – With a Stiff Penalty for Non-Compliance
This week we are teaching a 30-hour course in family law for Ontario mediators. Although one only scratches the surface of family law in such a short time, we manage to cover a lot of ground. Mediation in Ontario is an unregulated field. Although there are outstanding professional organizations for mediators to join—four in Ontario alone—membership in such an organization …
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Best Practices for Screening in Family Mediation-Arbitration
Best practices for screening family mediation and arbitration cases for power imbalances and domestic violence.
Safety Planning in Mediation: Part 3
The steps that family/collaborative lawyers, mediators and arbitrators can take, based on informed screening to enhance client safety are explained in part 3 of this blog series.
Safety Planning in Family Law : Part 2
The ways in which family negotiations are done is in the midst of a major shift. Family law professionals must be prepared to use a variety of tools to ensure a safe and equitable process. Part 2 of this blog series suggests more tips for safety planning in high-risk cases. 11.Ensure that the confidentiality of safety disclosures, in all processes, …
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Some Suggested Steps for Safety Planning in Potentially High Risk Cases
The following excerpt from “Safety Planning in Family Law Cases: An Emerging Duty of Care for Lawyers?” is part 1 of a 3 part series which offers some helpful suggestions for safety planning and screening in high-risk cases. Take all clients through extensive screening interviews before choosing a dispute resolution process and a professional to provide that process. Ensure …
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