A cornerstone of the mediation and the arbitration process is the protection of self-determination. This simply means a parties’ ability to participate in the decision-making and to voluntarily determine the outcomes of their disputes. In order for this to happen fairly, each individual in the party must be screened. The screener has a responsibility to determine whether there is anything standing in the way of a person’s full participation and to ensure that the process is best for both parties involved. The following are examples of what the screener is screening for: drug abuse, or other forms of addiction, mental illness, history of domestic violence, anger issues, physical illness etc. In short, anything that prevents a fair, balanced, emotionally and physically safe process for both parties.
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WHAT HAPPENS DURING SCREENING FOR POWER IMBALANCES? Each member of the party will fill out and sign the intake screening questionnaire. Your PC will meet with each party separately to determine if there are any concerns and will provide safeguards to make the process safe for everybody involved. This is a confidential process in which neither individual in the party will judged or blamed. The information will not be shared with the other member of the party. Since there is no prescribed screening process and no prescribed screening report, the PC will determine how the screening will be undertaken.
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