British Columbia Law

Med-Arb in BC: The Hybrid That Resolves Family Disputes

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

Med-arb (mediation-arbitration) combines mediation with binding arbitration in a single, seamless process. It is one of the most effective dispute resolution tools available to BC families — and one of the least understood. For couples who want to stay out of court but cannot reach a negotiated agreement on their own, med-arb offers something that pure mediation cannot: the guarantee of a final, enforceable outcome.

The Two Phases of Med-Arb

Med-arb works in two distinct phases:

Phase 1 — Mediation: The neutral (who serves as both mediator and arbitrator) facilitates structured conversations between the parties. The goal in the mediation phase is the same as in any mediation: to help the parties reach their own agreement.

The mediator does not make decisions; they help the parties communicate, understand each other's interests and concerns, and find common ground. Any issues that the parties resolve in mediation become part of their separation agreement — legally binding and enforceable.

Phase 2 — Arbitration: If the parties cannot reach agreement on one or more issues during mediation, the same neutral transitions into the role of arbitrator.

The arbitrator receives evidence and submissions from both parties — usually in a streamlined, written format rather than a full courtroom hearing — and then issues a binding Award resolving the outstanding issues. The Award has the same legal effect as a court order and can be filed in the BC Supreme Court and enforced like a judgment.

The transition from mediation to arbitration is the defining feature of the process. Unlike pure mediation (where the parties can walk away with no agreement), or pure arbitration (where the parties have no opportunity to reach a consensual outcome), med-arb combines the collaborative spirit of mediation with the binding finality of arbitration.

Why Med-Arb Works for BC Families

BC families face a challenging landscape when they cannot agree. Court proceedings in the BC Supreme Court or Provincial Court are slow, expensive, and emotionally taxing. Wait times for trial dates are often one to two years or longer. By contrast, med-arb can be scheduled within weeks, completed in one or two sessions, and result in a binding resolution without any court appearance.

Key advantages of med-arb:

• Speed: A final, enforceable outcome in weeks, not years
• Cost: Significantly less expensive than litigation — one neutral, one process
• Confidentiality: Unlike court proceedings, which are public, med-arb is entirely private
• Control: The parties choose the neutral, the schedule, and the process rules — rather than having a judge assigned by the court
• Finality: Unlike mediation, med-arb guarantees a result — even if the parties cannot fully agree, the arbitrator will resolve the remaining issues
• Expertise: The parties can choose a neutral with specific expertise in BC family law, property valuation, or pension division — expertise that a general-assignment judge may not have

What Issues Can Med-Arb Resolve?

Med-arb in BC is used for virtually every type of family dispute:

• Division of family property and debt under Part 5 and 6 of the Family Law Act (FLA)
• Spousal support under the FLA and Divorce Act, including amounts and duration calculated under the Spousal Support Advisory Guidelines
• Parenting arrangements — Guardianship, Parenting Responsibilities, and Parenting Time under the FLA
• Child support under the federal Child Support Guidelines, including special and extraordinary expenses
• Pension division, business valuations, and complex property matters

When Is Med-Arb Not Appropriate?

Med-arb is a powerful tool, but it is not right for every situation. It is generally not appropriate where:

• There is a history of family violence, coercive control, or a significant power imbalance between the parties — in these cases, court protections and formal process are important safeguards
• One party is concealing assets or financial information — the arbitration process can address this, but it may require court-compelled disclosure first
• One party is not participating in good faith — an unwilling participant will undermine the mediation phase and receive an arbitrated result without the benefit of a negotiated resolution

The Legal Framework in BC

Family law arbitration in BC is governed by the Arbitration Act, RSBC 1996 (as updated) and the Law Society of BC's rules for family law arbitrators. An arbitration Award in a family law matter can be filed with the BC Supreme Court and enforced as an order of the court. Andrew Liggett holds the LSBC Family Law Arbitrator designation — one of the most rigorous ADR credentials available in BC.

Andrew Liggett: Your Med-Arb Neutral or Your Advocate

Andrew can serve as the neutral in a med-arb process between two parties, or he can represent one party as their lawyer in a med-arb where another neutral is appointed. His dual expertise — as a practising family lawyer and a certified family law mediator and arbitrator — means he understands the process from every angle.

If you are looking for a faster, more affordable, and more private path to resolving your family law dispute, contact Sea to Sky Law™ to discuss whether med-arb is right for your situation.

How a Med-Arb Session Is Structured

A typical family med-arb session follows this sequence:

1. Opening session: The neutral explains the process, ground rules, and confidentiality. Both parties agree on the agenda — the specific issues to be resolved.
2. Mediation phase: The neutral facilitates structured discussion, helping parties communicate their interests and explore options. The neutral may hold private sessions (caucuses) with each party separately to explore sensitive issues.
3. Transition to arbitration: If issues remain unresolved after a genuine mediation effort, the neutral either transitions to arbitration (if agreed in advance) or schedules a separate arbitration hearing.
4. Arbitration hearing: The neutral hears evidence and submissions from both parties (or their lawyers), then issues a written Award — a binding decision that has the force of a court order.

Med-Arb and Confidentiality

One concern with med-arb is that the same person who heard confidential disclosures in mediation may issue a binding decision in arbitration. In BC, parties can address this by:

• Using a different neutral for arbitration than for mediation
• Limiting what the mediator can consider when acting as arbitrator
• Using a two-neutral model where one person mediates and a different person arbitrates

Andrew Liggett can discuss which approach is best for your situation and draft the med-arb agreement to reflect the model you choose.

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