Are family arbitrators required to screen for domestic violence before starting the process?

Yes, screening for family violence and power imbalances between the parties is generally a required part of a family arbitrator's process before proceeding, and it connects directly to the specialized training arbitrators are required to have. The idea is that arbitration depends on both parties being able to genuinely participate and advocate for themselves, and where family violence or a serious power imbalance is present, that basic assumption can break down, making arbitration inappropriate or requiring real safeguards before it continues.

This screening isn't a token step; it's meant to identify situations where proceeding with arbitration as usual could be unsafe or unfair to one party, and a properly trained arbitrator should be prepared to adjust the process, or decline to proceed with arbitration at all, if serious concerns come up. For someone considering family arbitration who has experienced family violence, or who is unsure whether their situation is appropriate for this process, raising these concerns directly and getting independent legal advice before signing an arbitration agreement is an important step, rather than assuming the arbitrator will catch every concern unprompted.