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Do You Have to Try Mediation Before Family Court in Alberta?

Find out when Alberta requires you to try alternative dispute resolution before a family court application, what else is required, and the exceptions.

Family Law5 min readTSLBy the Treadstone Law Team · AlbertaUpdated November 6, 2026
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Key takeaways
  • In the places the Family Justice Strategy covers, you must have attempted alternative dispute resolution within the past 6 months and file a Participation in ADR form before filing a family application if you disagree on any issue.
  • Urgent matters are exempt, and if you cannot complete a requirement you can file a Request to Waive/Defer Mandatory Requirements form.
  • Under the Divorce Act the duty is to try a family dispute resolution process where appropriate, not to finish mediation.

If you are separating, you may wonder whether a judge will send you away unless you have first tried mediation. In Alberta the honest answer is that it depends on where you live, what you are asking for and how urgent it is.

This article explains the main rule, the other steps that come with it, the exceptions, and the options that can count as alternative dispute resolution (ADR). The rules were changed in 2026, so check current steps before you file.

This article covers the law of Alberta.

The basic rule: ADR before you file

Alberta's Family Justice Strategy applies in Greater Edmonton, Calgary, Red Deer and Grande Prairie, and its four mandatory requirements must be met before family law applications are filed.

The first requirement is ADR. It applies if the parties disagree on any issue. ADR must have been attempted within the past 6 months, and all parties must file a Participation in ADR form before filing any family law court application.

At the Court of King's Bench, the Family Focused Protocol took effect January 2, 2026 and applies to Family and Divorce proceedings at all judicial centres. It requires parties seeking relief to complete the Family Justice Strategy mandatory requirements unless the matter is urgent or a waiver has been obtained.

The other mandatory steps

ADR is one of four requirements. You may need to complete the others at the same time, so it helps to plan them together.

A self-represented person whose children live outside Calgary, Edmonton, Grande Prairie or Red Deer, or whose only claim is for child support, is not required to complete a Family Court Counsellor intake before filing a parenting-related application.

Exceptions: urgent matters and waivers

Under the Family Focused Protocol, urgent matters include a risk of violence or immediate harm, a risk of removing a child from the jurisdiction, and Emergency Protection Order reviews. Parenting time, contact or communication issues count only if they cannot reasonably be delayed. Urgent matters are exempt from the mandatory requirements.

If you cannot complete a mandatory requirement, you must file a Request to Waive/Defer Mandatory Requirements form. Listed reasons include concerns about family violence, technological barriers, language barriers and being unable to locate the other party.

The waiver process has been revised during 2026. Check albertacourts.ca for the current steps before you rely on any older description.

All ADR processes under the Family Justice Strategy include screening for family violence, and anyone with safety concerns is told to contact 211, which is open 24/7.

What the Divorce Act says

For divorce proceedings, the federal Divorce Act says that, to the extent appropriate, parties shall try to resolve the matters that may be the subject of an order through a family dispute resolution process. That is a duty to try, not a requirement to complete mediation.

A legal adviser who undertakes to assist you in a divorce proceeding must, unless it would clearly not be appropriate, encourage you to attempt to resolve the matters through a family dispute resolution process. Parties must also, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding.

Options that can count as ADR

OptionKey points
Alberta Justice Family MediationFree. Both parents must agree, at least one dependent child, and one parent's gross income of $60,000 or less per year.
Child Support Resolution ProgramAvailable to all parties in Calgary and Edmonton, by direction from Family Docket Court or voluntarily before it.
Collaborative professionals, parenting coordination, arbitration, parenting appsListed by the Court of King's Bench as family dispute resolution services.

Government mediation covers topics such as communication, parenting plans, guardianship, child support, spousal support and some property matters. Each parent registers separately within 2 weeks of the other, and lawyers cannot register for you. If you will discuss finances, you must exchange a Financial Disclosure Statement with the other parent.

If a court order prevents contact with the other parent, a copy must be provided before an appointment is scheduled. The mediator meets each person individually to identify safety concerns and decides whether mediation is appropriate.

What to do next

Frequently asked questions

Do I have to finish mediation before going to court?

No. Where the ADR requirement applies, you must have attempted ADR within the past 6 months and file a Participation in ADR form. Under the Divorce Act the duty is to try where appropriate, not to complete mediation.

Does the mediation requirement apply outside Calgary and Edmonton?

The Family Justice Strategy applies in Greater Edmonton, Calgary, Red Deer and Grande Prairie. The King's Bench Family Focused Protocol applies at all King's Bench judicial centres. Rules differ by court and location, so confirm yours.

What if I am afraid of the other parent?

ADR processes screen for family violence, and 211 is available 24/7 if you have safety concerns. You can file a Request to Waive/Defer Mandatory Requirements form for family violence concerns, and urgent matters involving a risk of violence are exempt.

Is government mediation free for everyone?

Alberta Justice Family Mediation is free but has eligibility rules, including that both parents agree, there is at least one dependent child, and one parent's gross income is $60,000 or less per year. Other ADR options may suit you if you do not qualify.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Alberta laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a lawyer who practises in Alberta. Reach us at 1-844-900-1070 or send our Team a message.

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