Ongoing and/or past Family Violence can create a power imbalance between the parties, which may have a negative impact on a party’s ability to participate in mediation or arbitration processes in an informed, voluntary and meaningful way.
- Power imbalances may stem from many circumstances, including family violence, mental health issues, drug and alcohol addictions, personality traits, fear, guilt and longstanding legal arrangements which may be challenging to change.
- Other power imbalances can be present, such as psychological or emotional, financial, educational and experiential, among countless others.
- Mediators and arbitrators are required to constantly screen for such power imbalances in any process they conduct.
Lawyers who provide Domestic Violence and Power Imbalance Screening Services
Mediators and arbitrators have a duty to screen parties before each mediation and arbitration process begins to determine whether the parties are suitable to the particular dispute resolution process and to structure the process so that fair outcomes may be achieved. Parties are screened throughout mediation and arbitration processes