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Consent to Third Party Screening

Consent to Third Party Screening

IN THE MATTER OF THE ARBITRATION ACT S.O. 1991, c. 17, as amended,
and the FAMILY LAW ACT, R.S.O. 1990, c.F3, as amended

B E T W E E N:

- and -

High Park Mediation Inc. ("HPM" or "High Park")

CONSENT TO THIRD PARTY SCREENING

THE SCREENING PROCESS

I , agree to meet confidentially with as required by the Regulation under the Arbitration Act, and as requested by the Arbitrator, for the purpose of assessing suitability for participation in an Arbitration before .

The Screener’s relevant training and experience is set out on the High Park website. The Screener will, in their discretion, also provide appropriate information to the parties. The Screener is independent of the parties and their lawyers. The Screener will meet separately and confidentially with each party. Based on the information provided by both parties, and applying their skills and experience, the Screener will make a confidential recommendation to the Arbitrator using some of all of the form attached (Schedule B).

I agree to provide full information and documents, as requested, to the Screener. My failure to do so may result in the withdrawal of the Screener. The information that I provide will be used only to enable the Screener to make informed recommendations that are intended to help the Arbitrator assess and monitor the suitability of this case for arbitration and to determine procedures for the Arbitration. My information will not be used by the Arbitrator as evidence for making any decisions.

WAIVER OF LIABILITY

I agree to hold the Screener harmless and waive any claim or right of action against the Screener.

CONFIDENTIALITY OF THE SCREENING PROCESS

All information and documents provided by me shall remain confidential between me and the Screener. All information and documents provided by the other party shall remain confidential between the other party and the Screener. All information arising from the screening process, including the Screener’s notes, opinions and recommendations, shall be used only for the purpose of providing an informed and confidential recommendation to the Arbitrator.

The Screener may, solely at their discretion, release some of my screening information, as she deems necessary to fulfill their role, to a lawyer or other professional retained by me. No information arising from the screening process shall be otherwise disclosed to any person for any purpose except as required by law. Such exceptions may include:

Reporting a child in need of protection in accordance with section 125 of the Child, Youth and Family Services Act; or
Where the Screener believes on reasonable grounds that there is an imminent risk to an identifiable person or group of death or serious bodily or psychological harm, he or she may disclose such confidential information that is required in the circumstances to prevent such death or harm.

I will not summons the Screener to provide evidence with respect to the Screening Process in any proceeding, nor will I seek production of any documents that were provided for or prepared in connection with the Screening Process (unless they are otherwise discoverable).

RIGHT TO WITHDRAW

I have the right to withdraw from the Screening Process. The Screener has the right to terminate the Screening Process in their discretion

FEES

I will pay the Screener’s fees as laid out on the High Park website in full at the time of my meeting with the Screener. I have read this agreement; I understand it and I agree to its terms.

CONSENT

The parties consent to a Mediator-In-Training (MIT) being present for this process, understanding that the MIT is bound by all professional obligations set out in this contract.

PARTY

DATE

SCREENER

DATE

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