Family Mediation in BC: Benefits & Process

Author: SiLaw Group Family Lawyers
Date: Jan 4, 2023
Read Time: 1 min read

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Mediation is a voluntary process in which a neutral third party, called a mediator, helps people in conflict to communicate and reach a mutually-acceptable resolution to their dispute. In British Columbia family law, mediation is more than an alternative to court — it is the approach the legislation itself encourages. Mediation can be an effective alternative to going to court for resolving conflicts.

Why Try Family Mediation? Five Benefits

1. Mediation is usually faster and less expensive than going to court.

2. Mediation is usually less stressful and more private than going to court.

3. Mediation allows the parties to have more control over the outcome of their dispute, as they are able to come up with their own solutions rather than having a judge decide for them.

4. Mediation can improve communication and understanding between the parties, which can help to preserve relationships and reduce the chances of future conflicts.

5. Mediation can be used to resolve a wide range of conflicts, including disputes between family members, neighbors, and business partners.

How BC Law Encourages Mediation

Out-of-court resolution is built into BC's family law system. Part 2 of the Family Law Act is expressly designed to encourage families to resolve disputes by agreement and through appropriate family dispute resolution before going to court. In BC Supreme Court proceedings, the Notice to Mediate (Family) Regulation goes further: any party to a family law proceeding can serve a Notice to Mediate (Family) in Form 1 on every other party, which compels mediation in that proceeding. There are timing limits — the notice can be served no earlier than 90 days after the first response to family claim is filed and no later than 90 days before the trial date — and only one mediation may be initiated this way in a proceeding unless the court orders otherwise.

Mediation can also be a practical first step when the other parent is not following your parenting-time agreement — often resolving the problem faster and at lower cost than a court application.

Is Mediation Suitable Where There Has Been Family Violence?

Safety comes first. Under section 8 of the Family Law Act, a family dispute resolution professional consulted by a party must assess whether family violence may be present and, if so, the extent to which it may affect the safety of the party or a family member and the party's ability to negotiate a fair agreement. That screening happens before mediation proceeds, and it shapes whether and how mediation goes ahead.

Talk to a Surrey Family Mediator

If you are in conflict with someone and are considering mediation as a way to resolve the dispute, it is recommended that you seek the advice of our Surrey mediators or Surrey divorce lawyers who can provide you with more information on the process and help you determine whether it is the right option for you. At SiLaw Group, Sandy Sihota is accredited through the Law Society of BC as a Family Law Mediator, Family Law Arbitrator and Parenting Coordinator, and is able to assist you in the right direction towards resolution.

Ready to explore mediation? Book a free consultation or call (778) 381-9977.