On this episode, Ben and Heather were joined by The Honourable Colin Forrest. Now retired from the Family Court, Colin now handles mediation and arbitration in family law. We spoke to him about the delicate subject of managing power imbalances, and potentially domestic violence situations, in mediation and arbitration sessions. Our discussions covered the following subjects:
- The difference between mediation and arbitration in family law.
- Whether you can be ordered to engage in mediation or arbitration.
- How a mediator/arbitrator will identify signs of abuse or power imbalance.
- Should domestic violence victims avoid mediation or arbitration?
- How are power imbalances dealt with in a mediation or arbitration setting?
- What about other vulnerabilities, such as mental health or disability?
- What does a mediator do if they sense fear or intimidation in a session?
- What happens if a court-ordered Family Dispute Resolution does not proceed?
- What are the advantages and disadvantages of online mediation/arbitration?
- Is a support person helpful in a mediation/arbitration?
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