Accredited family mediators and arbitrators in Ontario are now required to complete training on screening for family violence and power imbalances in family law disputes. But what exactly does “screening” consist of?
We often get questions about the screening process, and so we decided to compile a list of common questions, depicted in the infographic below:
On October 7th-9th, 2014, Riverdale will be offering a three-day course on “Screening for Family Violence, Abuse, and Power Imbalances.” You can register online.
Image transcript:
Screening: Addressing Common Questions
Screening is:
- A process of identification, assessment, and management of power imbalances and risk
- Designed to identify those cases where private dispute resolution is not likely to be effective or safe or where specific procedural requirements are needed to make it effective and safe
- An attempt to get the information necessary to understand what each person needs in order to feel safe – emotionally, physically, legally and psychologically – in the negotiation
- A fully supportive, confidential interview in which each person is asked their procedural concerns
- An exploration of the subjective concerns and needs of each person
Screening isn’t:
- A standard lawyer-client interview
- An objective fact-finding exercise
Screening addresses:
- Whether either fears for their safety or the safety of their children
- Whether a party feels too intimidated or threatened to fully negotiate
- Whether there are concerns about mental illness, addiction, physical violence, or emotional volatility that could make a mediation process ineffective or unsafe for a client or for the mediator
- Any factor at all that could create a significant imbalance of negotiation power
- General and specific questions about the nature of the relationship with the other person
Screening doesn’t address:
- Challenging the person being interviewed about things the other party may have said, or asking the person being interviewed questions about their behaviour
The screener should be:
- A professional trained in the dynamics of power, coercion and control
- Familiar with the different types of family violence, how victims and perpetrators of different forms of violence behave, the risks of certain forms of behavior escalating into serious or even lethal harm, and the appropriate ways to manage such risks as safely as possible
- Trained to identify and assess various behaviours that could make private dispute resolution ineffective or unsafe, including high conflict behaviours, or those suggesting specific personality characteristics and needs
Screeners don’t necessarily need to be:
- A mental health professional (but they should be trained in screening research, protocols, tools and best practices)
The screener shouldn’t be:
- The client’s family lawyer. (As recent case law has shown, it is difficult to maintain confidentiality of the screening process if each lawyer screens their own client in any legal process, or if the parties are screened by different people.)
Screening should happen:
- Before a dispute resolution process is chosen or committed to
- In a private and non-judging atmosphere
Screening doesn’t necessarily result in:
- The termination of the intended process (but it can)
Screening can result in:
- Making adaptations to the intended process
- Referring the parties to another process, or another process provider
- Referring the parties to counselling, lawyers, or other professionals before they can begin the negotiation
- Requiring assessments or restraining orders before the process can begin
- Requiring parties to provide confirmation from a mental health professional that they understand the negotiation process and are able to fully participate
- Ensuring that both parties obtain the supports they need in order to effectively and safely participate in the negotiation.
- Referring the vulnerable person to resources such as Family Court Support Workers for safety planning for themselves and/ or their children, as a pre-condition
- Referring the “dangerous” person to supports, counselling or other resources to enable them to feel better able to negotiate effectively and safely
- Requiring a victim of violence to consult with a criminal lawyer
- Requiring the negotiation to take place in a location where there are metal detectors and security guards
