Mediation

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What is mediation?

Mediation is an approach to solving problems in which a third party (a mediator) helps people with family law problems reach a resolution without going to court. A mediator is a person who is specially trained to help people resolve conflict. Unlike a judge, a mediator does not impose solutions on people, but helps them to find their own solutions to their problems.

Some, but not all, mediators are also lawyers. Whether or not the mediator in a family case is a lawyer, he or she should have special training about family dynamics and family law issues. Before hiring a mediator, ask about his or her training and qualifications.

Private mediators charge for their services, but if you can resolve your issues using mediation, it is generally much less expensive than going to court. Family justice counsellors offer free mediation services to people with low incomes in certain cases. For more information, see our Who can help page about family justice counsellors.

How do I find a mediator?

You can find mediators in several different places. The Mediate BC website contains a list of qualified family mediators. Their website also has more information about mediation and how it works.

The Family Mediation Canada website also contains information about qualified family mediators. You can also contact a community organization, your local legal aid office, family justice counsellor, or the Lawyer Referral Service for more information.

Can I make my spouse attend mediation?

If you have started a case in Supreme Court, you can take steps to require your spouse to attend a mediation session. You do this by serving your spouse with a document called a Notice to Mediate. (See our fact sheet, Making mediation happen in a BC family law case and also our self-help guide, How to serve Supreme Court documents for how to serve the document.)

For more information on what mediators do, see the Ministry of Justice's Family Justice website and Child Protection Mediation Program page, the Guide to Mediation in BC, and the Family Mediation Practicum Project. Or watch a video clip excerpted from the Continuing Legal Education Society video, An Inside Look at Family Mediation.