Screening for Arbitration and Mediation


In family law, given the nature of the relationship and the history between the parties, only certain individuals and cases are considered appropriate for participation in either arbitration or mediation/arbitration.  Before moving forward in either process, Ontario law requires that each party be separately screened and a determination made with respect to their suitability for arbitration.  Issues such a power imbalances and domestic violence are discussed and evaluated by the screener in a one-on-one meeting with a party.  The information obtained in the screening session is not available to the arbitrator. Rather, all the arbitrator receives is a brief report from the screener advising whether or not the party is a suitable candidate for arbitration. Screeners are trained by the Ministry of the Attorney General and must be recertified every two years. 



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