My first suggestion would be that if it was something the committee wanted to do, it should be formulated as a new subparagraph and not attached to this one. This would keep this idea distinct and undiluted.
The Canadian Bar Association mentioned situations in which there was no interaction between the parties, but one had knowledge of the other—for instance, one party knew of a reputation for violence. My understanding from their submissions was that this was a situation they were also interested in, so you might want to consider that as well.
It might be something that could be used to formulate a separate factor, if it were linked with the ideas you have proposed here.