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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Category Archives: Screening for Power Imbalances and Family Violence
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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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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Screening for Intimate Partner Violence and Power Imbalances in Parenting Coordination and Family Arbitration
Screening for family violence and power imbalances is not only required by the Regulation under the Arbitration Act, it is also the best way for family arbitrators and parenting coordinators to get to know what clients need from them. To maintain their basic competencies, every parenting coordinator and family arbitrator should: stay compliant with Ministry of Attorney General training requirements …
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Family Arbitrators: Protect Your Deductible and Screen Well!
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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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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