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 which may impact their process. A highly trained screener has the skills and tools to canvas and elicit relevant information and triage with the client.
Screening is conducted by way of a confidential one-on-one meeting between the client and the screener. For mediation and parenting coordination (“PC”), the mediator or the PC is the screener. For arbitration, the screener is an independent third party who will then provide a confidential screening report to the arbitrator alone. The screening process for each of these differs in some regards, however, there are many commonalities.
Screening has three components:
- Identifying
- Assessing
- Managing
IDENTIFYING
impact one of the parties’ ability to negotiate. The screener will look for signs of intimate-partner violence, both physical and/or emotional, and for other forms of potential power imbalances such as mental health issues, personality factors, ability to pay, ability to tolerate conflict, drug or alcohol abuse, financial sophistication, negotiation experience etc.
ASSESSING
When sources of power are identified, the screener will assess if the power imbalance can be managed and balanced out so as to enable a safe and fair environment for negotiating. The screener will then decide if mediation/arbitration/PC is appropriate or whether there is another more suitable forum for the parties to resolve their matter, such as court, in which case the parties would be “screened out”.
MANAGING
If the screener decides that mediation/PC/arbitration is appropriate and that any existing power imbalances can be managed, they will use the information obtained in the screening to design the best process for the parties to maintain safety and fairness throughout so that they may proceed in the most constructive and effective manner.
Screening, however, does not stop there. Mediation/PC/arbitration is by no means a static process and power can shift in a flash. An experienced and well trained mediator/PC/arbitrator will continue to screen throughout their process and will know to terminate when power imbalances can no longer be managed effectively.
Screening for IPV and power imbalances is a required component of mediation/PC/arbitration and selecting a professional highly trained in screening will go a long way to ensure a safer and more balanced process for clients.
