Though mediation is intended to provide a neutral, fair environment for the resolution of disputes, it often does not begin as a level playing field. One party may hold a significant advantage in terms of finances, legal advice or more personal factors. Is it the job of a competent mediator to address this imbalance?
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Important case on “screening” in family mediation-arbitration A recent Ontario S.C.J. decision illustrates the need for clearer regulation of “screening for power imbalances and domestic violence”, a mandatory component of...By Hilary Linton