Verify Identity: Why Mediators and Arbitrators Must Ask for Photo ID

In an increasingly digital and fast-paced world, dispute resolution professionals must remain vigilant in protecting the integrity of their practice and ensuring client accountability. One crucial but often overlooked step is asking for government-issued photo identification at the outset of a mediation or arbitration file.

Why Verifying ID Matters

At first glance, requesting photo ID may seem unnecessary—particularly when the parties arrive in person or when introductions are made through referrals. However, failing to confirm the identity of your clients can open the door to serious risks, both professionally and ethically. These risks include:

– Mistaken Identity: You may be dealing with someone who is impersonating a party, especially in high-conflict family matters or contentious workplace disputes. This could compromise the entire process and render any agreement or award legally unenforceable.

– Fraud or Misrepresentation: Without ID, you have no way of knowing whether the person across the table is legally authorized to participate. This becomes even more critical when someone is claiming to act on behalf of a company, an estate, or a vulnerable party.

– Conflicts of Interest: You could inadvertently be mediating or arbitrating a matter involving someone with whom you have a prior connection. Verifying identity early can prevent awkward or unethical situations.

– Enforceability and Due Diligence: Should the agreement be challenged in court, your diligence in confirming party identities can protect you from liability and demonstrate your professionalism.

When and How to Ask for ID

Verifying identity should be built into your intake or initial screening process. Ideally, this occurs before any substantive communication about the dispute. The process can be simple:

1. Include it in Your Checklist: Add “Verify photo ID” to your standard intake forms or pre-meeting checklists.

2. Be Transparent: Inform clients in advance that verifying ID is standard practice to protect all parties and ensure the integrity of the process.

3. Acceptable Forms: Accept government-issued ID such as a driver’s licence, passport, or permanent resident card. Record only what’s necessary—name and photo confirmation. Avoid storing personal information such as licence numbers unless absolutely required.

4. Virtual Cases: If the intake is done virtually, ask the client to hold up their ID during a video call and confirm that the name matches your file. Some practitioners choose to take a screenshot (with consent), while others simply note the verification date in their records.

Protecting the Profession and Yourself

As a neutral, your role depends on trust—both in the process and in the identities of the people participating in it. Verifying photo ID is not about mistrust; it’s about creating a professional standard that protects everyone involved. It also aligns with best practices in other regulated sectors such as legal, healthcare, and financial services.

In the unfortunate event that fraud or impersonation occurs, having followed clear steps to verify identity can limit your professional liability. It also reflects due diligence and adherence to evolving standards of practice in dispute resolution.

A Call for Consistency

While not all mediators and arbitrators currently ask for photo ID, perhaps it’s time we start doing so as a routine measure. The ADR community in Ontario can benefit from increased awareness and consistent adoption of this basic yet powerful safeguard. By implementing identity verification as part of your standard workflow, you signal to your clients—and to the courts, if ever necessary—that you are thorough, ethical, and committed to upholding the integrity of the process.