Hayley Glaholt Mediation- Screening

Services

Screening for Power Imbalance

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It is consistent with best practices that lawyers, mediators, and arbitrators screen clients prior to beginning an ADR or court process. As the Ministry of the Attorney General states (see below), this screening must be done by a professional who is "trained to recognize and understand symptoms of domestic violence and significant imbalances of decision-making power between spouses."

Dr. Glaholt is available to consult with lawyers, mediators,

and arbitrators, to act as a Third-Party Screener.

(Please note: both clients must be screened, separately.)

Dr. Glaholt interned at the Chicago Metropolitan Battered Women's Network and completed the Domestic Violence 40-Hour Training as required by the State of Illinois. She is an experienced lecturer on "the Link" between child abuse, domestic violence, animal abuse, and elder abuse, and she is the Executive Director of SafePet Ontario, a Canadian charity that serves survivors of family violence, human trafficking, and their pets. Dr. Glaholt has extensive training and experience screening for power imbalances as a roster mediator and private mediator in Toronto.

What happens during a Third Party Screening?

Dr. Glaholt will request that both parties fill out an Intake Form and a Consent Form. Once she has received those documents from both parties, we will set up individual meetings via Zoom. Each meeting will last for approximately one hour, and the client must be in a space where they can speak confidentially and freely. Counsel is welcome to attend but it is not required.

After Dr. Glaholt has completed both meetings, she will draft a confidential report and send it directly to the Arbitrator. The report goes only to the Arbitrator, not to the clients or counsel. It is important to note that the results of the screening do not affect the outcome the Arbitration in any way. Rather, the report gives the Arbitrator suggestions for how to mitigate any perceived power imbalances between the parties so that the Arbitration can run as smoothly as possible.

What is the cost?

There is a flat fee for Third Party Screenings of $425.00 + HST.

Each party is responsible for the cost of their own screening. This is paid via e-transfer to info@hgmediation.com prior to our meeting.

To discuss Third-Party Screening, contact contact Dr. Glaholt.

Four Types of Family Violence

The proposed Bill C-78 highlights family violence as a significant factor that ought to be discussed and weighed when determining parenting arrangements. "As knowledge about the scope of family violence has expanded, so has the understanding that not all violence is the same. Experts have identified at least four types of intimate partner violence:

coercive and controlling violence: violence that forms “a pattern of emotionally abusive intimidation, coercion, and control coupled with physical violence against partners.”
violent resistance: violence in response to coercive and controlling violence. The violence is generally a response to an assault and the objective is to protect oneself or another person.
situational (or common) couple violence: violence that is not associated with a general desire to control one’s partner, but to a particular incident or situation. It is generally a result of an inability to manage conflict or anger.
separation-instigated violence: violence that generally occurs around the time of separation with a small number of incidents. It can range from minor to quite severe.

These distinctions are particularly important in the context of parenting determinations because, depending on the type of violence, different parenting arrangements may be in the best interests of the child.

While all violence is of concern, the most serious type of violence in the family law context is coercive and controlling violence. This is because it is part of an ongoing pattern, involves more danger, and is more likely to be associated with compromised parenting."

The Arbitration Act (1991)

Regarding family arbitration, the Ministry of the Attorney General states that screening for power imbalance is mandatory prior to beginning the arbitration:

Both people must be screened for domestic violence and power imbalances, even if each person will be represented by a lawyer in the process. The screener determines whether there is anything standing in the way of a person's full participation in family arbitration or whether the arbitrator should impose certain safeguards (such as that the parties should not be alone together) before the arbitration can proceed.

There is no prescribed screening method to be used for family arbitration, although a number of methods currently exist for family mediation that can usually be adapted for family arbitration. The regulation under the Arbitration Act, 1991 requires that each party be screened separately, and that a report from the person who does the screening must be submitted to the arbitrator before the arbitration can begin. The arbitrator does not use this information to decide the issues in the dispute."

HAYLEY GLAHOLT MEDIATION
Conflict and questions managed skillfully.

Services

Screening for Power Imbalance

What happens during a Third Party Screening?

What is the cost?

Four Types of Family Violence

The Arbitration Act (1991)

HAYLEY GLAHOLT MEDIATION

TORONTO, ON

INFO@HGMEDIATION.COM

Services

Screening for Power Imbalance

What happens during a Third Party Screening?

​

What is the cost?

Four Types of Family Violence

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The Arbitration Act (1991)