Category Archives: Screening for Power Imbalances and Family Violence

Cases involving IPV in the context of voluntary family mediation services.

Court-connected family mediation in Ontario is, by definition, a voluntary process of self-determination. It is voluntary in that judges do not have the power to order parties into mediation unless they voluntarily agree to do so by jointly selecting a mediator (s. 3(2) of the Family Law Act). Judges hearing conferences may order parties to mediation intakes pursuant to R. …

Why Is Screening So Crucial to Mediation Success?

First of all, SCREEN! Then Screen some more. Screening mediation clients for power imbalances and intimate partner violence does not stop at the initial intake/screening meeting.  Screening is not just a one-off triage process to help a mediator determine whether mediation is appropriate and how the mediation should be structured. A decision that mediation is appropriate at the outset could …

Screening – A Primer

Screening is a crucial part of any mediation, arbitration or parenting coordination process. For clients embarking on any of these processes, it is important to be aware that screening is not only important for the facilitator but also for the clients, who may otherwise not have the opportunity to be heard regarding specific aspects of their relationship or current situation …

Top Ten Questions about Screening for Power Imbalances and Domestic Violence in Mediation and Arbitration

1. What is “Screening”? Screening is a triaging process that has been used by mediators for years to help them provide safe and balanced mediations. The mediator meets separately with each party, before agreeing to take the case, and elicits specific information that will help the mediator “diagnose” their complex relationship dynamic. The main purpose is to ascertain whether bringing …

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: Before engaging in any ADR process, the mediator …

Training Parenting Coordinators and Dispute Resolution Professionals in PEI

Over the past year we have had the privilege of working with a group of family dispute resolution professionals in PEI who are pioneering parenting coordination there. Parenting coordination (PC) is an innovative mediation, coaching, educative and decision-making process that offers high-conflict parents a way to resolve disagreements about their children without going before a judge. It is usually a …

Risks of Lawyers Screening their own Clients under the Arbitration Act Reg.

Family lawyers who screen their own clients for power imbalances and family violence under the Ontario Arbirtation Act Reg. face certain risks. MORE

Access To Justice : Community Realities

The theme for FDRWeek this year was “FDRevolution”, highlighting the emerging revolutionary changes and innovative techniques, products, services and complexities of FDR practice. On Thursday, Nov. 24th,  FDRIO held its 2nd annual Access to Justice Forum: at the Law Society of Upper Canada. Read more on the discussion between community members, organizations, and professionals on how to improve access to …