British Columbia Law

Family Mediation in BC: Faster & Less Adversarial Than Court

By Andrew Liggett, Sea to Sky Law, New Westminster, BC

When a marriage ends, many people assume they will end up in court. But in BC, mediation - a form of alternative dispute resolution (ADR) - resolves the majority of family cases. Here is what you need to know about mediation and how it can help your family.

What is mediation?

Mediation is a confidential process in which a neutral third party (the mediator) helps both spouses communicate and negotiate a settlement. The mediator does not make decisions or take sides - instead, they facilitate conversation, identify common ground, and help both parties understand each other's interests and concerns.

Mediation is:

• Voluntary - either party can withdraw at any time

• Confidential - what is said in mediation is not admissible in court if the mediation fails

• Non-binding (until both parties sign an agreement) - you are free to walk away

• Focused on problem-solving - not on winning or losing

Who is a mediator?

In BC, mediators are often family lawyers, social workers, or other professionals trained in conflict resolution. Some mediators are accredited through the Law Society of British Columbia or the Canadian Bar Association, which means they have completed specialized training and follow a code of ethics.

The best mediators in family law:

• Have a background in family law and understand the legal issues

• Are skilled in communication and helping hostile parties find common ground

• Have training in family dynamics and the impact of separation on children

• Are neutral and do not favour either party

When is mediation appropriate?

Mediation works well when:

• Both parties are willing to negotiate in good faith

• There is no significant power imbalance or abuse

• The parties want to reduce conflict and cost

• Children are involved and both parents want to minimisize the impact on them

• The parties are emotionally able to sit in a room together (or mediate separately)

Mediation is not appropriate when:

• One party is unwilling to participate

• There is a history of domestic violence or abuse

• One party is hiding assets or income

• Mental illness or substance abuse is preventing rational decision-making

How family mediation works in BC

Phase 1: Orientation

The mediator meets with both parties (together or separately) to explain the process, set ground rules, and outline what issues need to be resolved.

Phase 2: Information gathering

Both parties provide financial information (income, assets, debts, expenses) and information relevant to custody and support. The mediator may ask each party about their priorities and concerns.

Phase 3: Issue identification

The mediator helps identify the key issues - property division, custody, spousal support, child support - and prioritizes them.

Phase 4: Negotiation and problem-solving

Working with the mediator, both parties discuss options and work toward agreement. This is often the longest phase and may involve separate sessions (shuttle mediation) if the parties are too angry or hurt to meet together.

Phase 5: Agreement

Once both parties agree on all issues, the mediator drafts a summary of the settlement. Each party then has the opportunity to have the settlement reviewed by a lawyer before signing.

The benefits of mediation

• Cost - Mediation typically costs about $3,000–$8,000 in total, far less than a contested trial.

• Speed - Mediation can be completed in weeks or months; court cases often take years.

• Control - You and your spouse shape the outcome; a judge does not impose one on you.

• Privacy - Mediation is confidential; court is public.

• Preservation of relationship - Mediation is less adversarial and helps both parents maintain a functional co-parenting relationship (important for the children).

• Better outcomes for children - Research shows children fare better when parents reach agreement through mediation rather than fighting in court.

The mediator's role is not to give legal advice

Importantly, a mediator (even if they are a lawyer) is not representing either party or giving legal advice. Each party should have their own lawyer review the settlement before signing to ensure their interests are protected.

At Sea to Sky Law™

We are trained mediators and ADR specialists. We can help you and your spouse navigate separation through mediation, arbitration, or a combination of both. We also represent clients in mediation if you prefer to have legal counsel present.

This article is for general information only and does not constitute legal advice.

This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.