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 including on- going training
  • be current with research and best practices in screening tools and protocols
  • have appropriate facilities and training of staff
  • have access to knowledgeable and experienced colleagues for advice
  • respond appropriately to risk and power balance assessments in determining whether to proceed and/or how to design process
  • understand and incorporate safe termination protocols into all aspects of the process
  • have appropriate connections with community resources for referrals and safety planning
  • have awareness of responsibilities under 125 CYFSA and duty to report imminent risk of harm
  • establish office procedures and protocols that comply with their duty to maintain confidentiality of screening information notwithstanding normal due process/Record keeping requirements
  • consider whether a significant financial imbalance renders private adjudication inappropriate/unworkable.

About Hilary Linton

Hilary Linton is a senior family lawyer, mediator, parenting coordinator and arbitrator. She founded Riverdale Mediation after litigating family and civil matters for 14 years including as a partner in a Toronto boutique law firm. Riverdale’s team of highly skilled family mediators, parenting coordinators and arbitrators resolve high conflict and challenging disputes. Riverdale is also internationally known for its high calibre online training programs in Family Dispute Resolution.