Presenter:
Michael Jonsson, JD

“Screening for Power Imbalances and Danger in Our Cases”

This program describes screening assessments for power imbalances and danger in mediation and collaborative cases, and how some screening techniques may be adapted for use by litigators. While not optimal in litigated matters, screening techniques still have value in determining, even if based almost solely on information from one party, whether and to what extent a risk of harm might exist for the client, what type of power imbalance may exist between the parties, and therefore what amount and type of contact and communications that can/should be supported by an attorney for his/her client and the opposing party. This is useful not only in discussions with one’s client, but also in tailoring arguments for relief via RFO, or in settlement negotiations. The materials include the slide presentation, screening forms and statistical information to weigh potential risks of harm.

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