Family Mediation in BC: Is This Path Right for You?
Going through a separation or divorce doesn’t have to mean a courtroom battle. Family mediation provides a constructive way to resolve issues like parenting arrangements, support, and property division, helping to reduce costs and stress.
What Is Family Mediation?
Mediation is a way for you and the other party to sort out family issues without going to court. A mediator is a neutral person who helps guide the conversation. They do not pick sides or make decisions for you. Instead, they help you communicate and find solutions that work for both of you.
Remember, mediation is not couples counseling. It's specifically designed to help you resolve legal issues without going to court.
Why Choose Mediation?
Court proceedings can be stressful, costly, and take a long time to finish. Mediation provides an alternative approach to resolving family issues, helping you move forward without unnecessary conflict. Here are some key aspects to know:
Faster and More Affordable: Court cases can stretch on for years and cost tens of thousands of dollars. Mediation usually takes just weeks or months and comes at a fraction of the cost.
Private and Confidential: Court proceedings can become part of the public record. Mediation sessions remain confidential, so your discussions stay between you, the other party, and the mediator.
You Keep Control: In court, a judge makes the decisions. In mediation, you and the other party design the solutions that fit your family best.
Helpful for Co‑Parenting: If you share children, mediation can foster healthier communication and cooperation, laying the groundwork for smoother co‑parenting in the future.
BC Law Supports Mediation
British Columbia's Family Law Act actively encourages families to resolve disputes outside of court. Under Section 4 of Part 2 of the Family Law Act, the purposes include encouraging parties "to resolve the dispute through agreements and appropriate family dispute resolution before making an application to a court."
The law also protects you during mediation. Section 5 of Part 2 of the Family Law Act requires both parties to provide "full and true information" for resolving disputes, while ensuring that "a person must not use information obtained under this section except as necessary to resolve a family law dispute." This means you can be honest during mediation without worrying that information will be used against you later in court.
Who Can Be a Mediator in BC?
Not everyone can call themselves a family mediator. Under Section 4 of Part 3 of the Family Law Act Regulation, "only a mediator who is qualified as a family dispute resolution professional may conduct a mediation in relation to a family law dispute."
Qualified mediators include:
Lawyers accredited by the Law Society of BC
Members of professional mediation organizations like Mediate BC
People with specific training requirements including family law, mediation skills, and family violence assessment
Before starting mediation, your mediator must provide written confirmation that they meet these professional requirements.
Is Mediation Right for Your Situation?
Good Signs for Mediation:
Both of you are willing to negotiate in good faith
You can have a conversation without explosive conflict
Both parties are being honest about finances
You both want what's best for your children (even if you disagree on details)
Situations Where Mediation May Not Work:
History of family violence or abuse
One person refuses to compromise on anything
Ongoing lies about money or assets
Severe mental health issues
Family dispute resolution professionals are required by law to assess for family violence. Under Section 8 of Part 2 the Family Law Act, they must evaluate whether violence is present and how it might affect your safety and ability to negotiate fairly.
How Mediation Works
Getting Started: Meet with a family lawyer first to understand your rights, even if you don't plan to have them attend mediation. Your mediator must enter into a written agreement with you before beginning.
Preparation: The mediator will meet with each of you separately first to assess the situation and screen for any safety concerns.
Information Sharing: Both parties share full financial information, including tax returns, pay stubs, bank statements, and property appraisals. Being open and honest at this stage is essential.
Mediation Sessions: Depending on complexity, you might resolve everything in one day or need several meetings. The mediator keeps discussions productive and focused on solutions.
Final Agreement: Successful mediation results in a legally binding separation agreement or court order.
Making Your Decision
Mediation has a high success rate in family law cases, showing it is much more than just an alternative to going to court.
The key to success is honestly considering whether you and the other party are willing to negotiate, able to communicate calmly without explosive conflict, and genuinely committed to finding fair solutions that work for your family.
When these factors are present, mediation can help you resolve difficult issues more quickly, privately, and with greater control than traditional court proceedings.
At Mountain Peak Law, our family lawyers are also trained mediators. We combine legal experience with mediation skills to help you resolve family issues smoothly and effectively.
If you are considering mediation for your family, we are here to help. Reach out to our experienced team to talk about whether mediation could be the right path for you. Starting the process early can ease stress and save both time and money!
