Mediation for family law cases in Duncan, Nanaimo, New Westminster, Vancouver, and Victoria Supreme Courts

Effective November 1, 2007 (Nanaimo), April 1, 2008 (Duncan and Victoria), and January 1, 2009 (New Westminster and Vancouver), new pilot projects in the registry of these Supreme Courts allow either party in a family law proceeding started under either the Family Relations Act or the Divorce Act in that registry to apply for mediation.

Either party can ask for a mediation session by delivering a document to the other party (called a Notice to Mediate) on or after the date each pilot started (even if the case was started before the pilot started). The Notice to Mediate may be delivered to the other party no earlier than 90 days after the filing of the first Statement of Defence in the proceeding, and no later than 90 days before the trial date.

Once the Notice to Mediate is issued, the party being served with the notice must participate in mediation unless:

  • all parties have already had a mediation session on the issues in dispute;
  • one party has a family restraining order or peace bond against another party;
  • the mediator advises that mediation isn't appropriate or wouldn't be productive;
  • the court orders that one party is exempt from participating in the mediation process, because it would be impractical or unfair to require that party to attend; or
  • the parties agree in writing that one party does not have to participate in mediation, and the mediator confirms that in writing.

If one party applies for mediation and the other party refuses to cooperate, the court can order the refusing party to pay costs to the party who is applying for the mediation.

For more information about this pilot project, see the Notice to Mediate (Family) Regulation (PDF), the Dispute Resolution Office information bulletin about the process, or the ministry's fact sheet (PDF) for the public. Or contact the Nanaimo or Vancouver Justice Access Centre.

For more information about mediators in general, see our Who can help mediators page.

Money paid by one party to the other party as financial support. Support can be paid for a former spouse or for any or all children.
Can refer to where and with whom a child lives, or where a child lives and the rights and responsibilities of a parent regarding the child in his or her care.
Generally means the time children spend with the parent they do not usually live with. However, access is not limited to the parent who does not have custody — any person can apply for access to a child (including grandparents, aunts and uncles, and other relatives).
The responsibility for making major decisions for children about such things as what kind of education, health care, or religious training they will receive, and how to manage anything the children may own, such as property or money.
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. Mediators are specially qualified to help people reach agreements. Some mediators are lawyers.

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