Med-arb combines mediation and arbitration into a single, binding process — ideal for BC families who want to avoid court but need a guaranteed resolution. Here's how it works and when it makes sense.
Med-arb — short for mediation-arbitration — is one of the most powerful dispute resolution tools available to separating couples in BC. It combines the flexibility of mediation with the certainty of arbitration, giving both parties control over the process while guaranteeing a final resolution.
What Is Med-Arb?
In a med-arb process, the same neutral professional acts as both mediator and arbitrator. The process has two phases:
Phase 1: Mediation
The professional mediates the dispute in the usual way — facilitating discussion, helping both parties explore options, and encouraging them to reach their own agreement. This phase is voluntary and collaborative.
Phase 2: Arbitration (if needed)
If the parties cannot reach full agreement through mediation, the same professional transitions to the role of arbitrator. They hear evidence and submissions from both parties on the remaining issues and issue a binding decision — called an arbitral award — that resolves those issues definitively.
The result: whatever issues can be agreed upon in mediation are settled by agreement. Whatever can't be agreed upon are decided by the arbitrator. Either way, the process ends with a complete resolution.
How Med-Arb Differs from Mediation Alone
The key difference is certainty. In mediation, either party can walk away without resolution, meaning months of work can end with no agreement and both parties having to start again — in court or otherwise. In med-arb, that can't happen. Once the process begins, it concludes with a binding resolution on every issue.
This certainty changes the negotiation dynamics in mediation too. Parties who know that unresolved issues will be decided by the same neutral — rather than deferred to an uncertain future — often reach more agreements in the mediation phase than they would otherwise.
BC Legal Framework for Family Arbitration
In BC, family arbitration is governed by the *Arbitration Act, 2020* and the *Family Law Act*. Family arbitrators in BC must be lawyers with specific training in family arbitration and must meet the requirements of the BC Arbitration Act. Arbitral awards in family matters can be registered with the BC Supreme Court and enforced as court orders.
What Issues Can Be Resolved Through Med-Arb?
Most family law issues can be resolved through med-arb, including:
- Parenting time and schedules
- Decision-making (guardianship)
- Child support
- Spousal support
- Division of family property
- Specific asset disputes (family home, business, pension)
Note: certain matters — particularly those requiring a formal divorce order — still require a court process. Med-arb resolves the terms; the divorce order is obtained separately.
When Is Med-Arb the Right Choice?
Med-arb works particularly well when:
- Both parties want to avoid court but need a guaranteed resolution
- Previous attempts at negotiation or mediation have broken down without resolution
- Time is a factor — med-arb is typically much faster than litigation
- The parties want to control who makes the final decision (choosing their arbitrator) rather than leaving it to a randomly assigned judge
- Privacy is important — arbitration proceedings are private, unlike court
What Does Med-Arb Cost in BC?
Med-arb costs depend on the complexity of the issues and the number of sessions and hearing days required. Generally:
- Arbitrator fees: $300–$600 per hour (mediator fees are typically $200–$400)
- Total cost per party: $3,000–$15,000 depending on complexity
This compares favourably to contested litigation, which typically costs $20,000–$100,000+ per party. Med-arb is also faster — most processes resolve within months rather than years.
Yes. Once the arbitration phase produces an award, it is legally binding on both parties. It can be registered with the BC Supreme Court and enforced as a court order. The mediated portions of the agreement are also binding when incorporated into a signed separation agreement.
Yes, and this is the defining feature of med-arb. The same neutral acts in both roles sequentially. Some parties and practitioners prefer 'med then arb' with different neutrals — mediation first, and if it fails, a different person acts as arbitrator — to avoid concerns about the arbitrator having been exposed to confidential mediation communications. Both approaches are used in BC.
Family arbitration awards in BC can be appealed on limited grounds — primarily errors of law, procedural unfairness, or issues going to the arbitrator's jurisdiction. The grounds for appeal are narrower than an appeal from a court decision. This finality is one of the features that makes arbitration attractive to parties who want certainty.
In collaborative divorce, both parties have their own lawyers present throughout and the process is entirely voluntary — if it fails, both lawyers must withdraw and the parties start over in court. In med-arb, a single neutral facilitates the process and can make binding decisions if agreement isn't reached. Med-arb guarantees resolution; collaborative divorce does not.