Approximately 50% of separations occur because of family abuse and/or violence. Within the first six months after a separation, while the parties are dealing with lawyers, the risk to personal safety is often at its highest. Many victims of domestic violence are too embarrassed, afraid, or even unaware of their situation.
As a trained Alternative Dispute Resolution (ADR) professional who has completed training on domestic violence screening for arbitrators and mediators, Tilda Roll assesses the suitability of each case by screening to identify and manage the potential risks to the process which may result of domestic violence, abuse, or power imbalance.
Arbitration client risk assessment best practices may include the following:
- Separate and confidential intake meetings with each party prior to mediation/arbitration
- Maintaining confidentiality of all disclosures to maintain trust
- Designing a safe mediation process
- Discuss the role of counsel
- Referrals to trusted third-party screening, especially when no mediation component is present
Trained family law professionals can use a variety of tools to identify power imbalances in a separation proceeding, and employ reliable strategies to mitigate their effects, and thus improve the possibility of a successful mediation or arbitration without putting any party at risk.
Under the Ontario Arbitration Act, all clients in a family arbitration must be screened for power imbalances or domestic violence prior to the signing of the arbitration agreement.
We serve families all over the Greater Toronto Area, including North York, Scarborough, Mississauga, and Vaughan.