Knowing which dispute resolution process to recommend to a client requires a lawyer to know whether there is family violence or a significant power imbalance. The only way to competently provide that legal advice is to have the relevant information by screening for family violence. The recent amendments to the Divorce Act, RSC 1985, c 3 (2nd Supp) and the Supreme Court of Canada decision, Colucci v Colucci, 2021 SCC 24 suggest that lawyers are required to screen for family violence to be able to competently comply with their statutory obligations. This new legal context also indicates that lawyers must not only identify and assess family violence, but manage it too, leading to renewed concerns for collective effort in training and designing safe dispute resolution processes.
Deanne Sowter (Tue,) studied this question.