- Conciliation, mediation and judge-led settlement conferences are three different court-based ways to try to settle a family case in the Supreme Court (Family Division).
- The Parent Information Program is mandatory when a court application involving children is filed, though parents can also attend voluntarily.
- If spouses agree on everything, a Joint Application for Divorce can go to a judge without a hearing, but the one-year separation rule (unless adultery or cruelty applies) and the 31-day wait still apply.
Most people who start a family case in Nova Scotia would rather settle than have a judge decide everything. The court offers several built-in ways to help, and the names can be confusing: conciliation, mediation and settlement conference sound similar but work differently.
This article explains what each one is, how they compare, where the Parent Information Program fits in, and how a full agreement can let a divorce be finished without a hearing. It is general information, not advice on your own situation.
This article covers the law of Nova Scotia.
Where family cases are heard now
Divorces in Nova Scotia are heard in the Supreme Court of Nova Scotia (Family Division). Since January 1, 2022, all family law matters in the province are handled under Rule 59 of the Civil Procedure Rules.
That court hears parenting arrangements (decision-making responsibility and parenting time), child support, division of matrimonial assets and debts, and divorce. The settlement options below are part of that same court.
The three court-based options compared
The Family Division describes three kinds of court-based dispute resolution.
| Option | Who is involved | Key points |
|---|---|---|
| Conciliation | A court officer meets the parties | Identifies the issues and explores settlement; mandatory in some courts for certain applications |
| Mediation | A neutral mediator | The mediator cannot make orders; court referral generally needs an active application |
| Settlement conference | A judge | Voluntary and judge-led |
Which one is offered, and whether it is required, can depend on the court location and the type of application. Ask the court office or a lawyer what applies to your file.
What each option feels like in practice
- Conciliation is about getting organized: a court officer helps pin down what you actually disagree about and whether any of it can be settled.
- Mediation puts a neutral person between you and the other party. Because the mediator cannot make orders, any outcome depends on what you both agree to.
- A settlement conference lets you hear a judge's perspective on where the case stands. It is voluntary, so both sides choose to take part.
A mediator cannot make orders, and judge-led settlement conferences are voluntary. Conciliation is mandatory in some courts for certain applications, so it is worth checking what applies to your file. If you are worried about safety or pressure from the other person, raise that early with the court or a lawyer before agreeing to sit down together.
The Parent Information Program
If your application involves children, the Parent Information Program (PIP) is mandatory once the court application is filed in the Family Division. Parents can also attend voluntarily.
It is worth taking seriously even if you are already talking with the other parent. Settlement discussions about children go better when both parents understand the process.
When an agreement ends the case without a hearing
If you and your spouse agree on all issues, you can file a Joint Application for Divorce (Form 59.46), and the file can go to a judge without a hearing. The court also has Form 59.45 (Application for Divorce by Agreement) and Form 59.09 (Petition for Divorce).
Supporting paperwork may include the uncontested-divorce affidavit, FD 12, or FD 12A for a joint application. The court's web versions of these forms are unofficial; the Civil Procedure Rules Part 22 forms are the official ones.
An agreement does not remove the legal requirements for divorce itself:
- Breakdown is generally shown by living separate and apart for at least one year immediately before the divorce is determined, and being apart when the proceeding started. There are exceptions if the other spouse has committed adultery or treated you with physical or mental cruelty that makes continued cohabitation intolerable.
- A short reconciliation attempt does not end the year if you lived together for no more than 90 days in total, mainly to try to reconcile.
- The court must satisfy itself that there has been no collusion.
- The divorce takes effect on the 31st day after the judgment is rendered.
What to do next
- Write down the issues: parenting, child support, spousal support, property and debts.
- Note which issues you already agree on and which you do not.
- Confirm with the court office whether conciliation is required for your type of application.
- Plan to attend the Parent Information Program if children are involved.
- Have a lawyer review any agreement before you sign it, or before you file a joint application.
- Keep your separation date and any reconciliation periods written down.
Frequently asked questions
Is conciliation mandatory in Nova Scotia?
It is mandatory in some courts for certain applications, not everywhere or for every case. Check with the court office or a lawyer about your application.
Can a mediator make a decision for us?
No. A court mediator is neutral and cannot make orders. A court referral to mediation generally needs an active application.
Do I have to attend a settlement conference?
No. Judge-led settlement conferences are voluntary.
If we agree on everything, do we still need to wait a year?
Generally yes, because the one-year separation is the usual way to show breakdown, unless the other spouse has committed adultery or treated the applicant with physical or mental cruelty that makes continued cohabitation intolerable. The court must also check there has been no collusion, and the divorce takes effect on the 31st day after judgment.
Sources
- Divorce Act (Justice Laws) — Justice Laws (federal)
- Divorce Act (Justice Laws) — Justice Laws (federal)
- Nova Scotia Courts - Supreme Court (Family Division) — courts.ns.ca
- Nova Scotia Courts - Form 59.46 — courts.ns.ca
- Nova Scotia Courts - Family Division forms — courts.ns.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
An uncontested divorce with us is from $1,936.86, tax included. Third-party fees are extra.