Category Archives: Screening for Power Imbalances and Family Violence

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: ADR is a voluntary process ADR is a …

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 …

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. MORE

Should family mediation be mandatory?

In Ontario we are lucky. The province funds extensive free and subsidized mediation services for separating couples, whether they are in court or not. Up to 8 hours of mediation is available, at subsidized rates, for all issues— parenting, support, property division. The statistics show high rates of agreement and client satisfaction. But some feel that voluntary mediation is not …

It’s brilliant: Family Dispute Resolution in the UK

I just attended the annual Dispute Resolution conference sponsored by Britain’s legal family DR organization, Resolution.