Is Mediation Required Before Family Court in BC?

If you are about to file a family case in British Columbia, you may wonder whether you have to try mediation first. The honest answer is that it depends on which court you use, which registry you file in, and what you are asking for.

This article sets out the steps that the rules clearly require, the exceptions, and where free mediation is offered. If safety is a concern for you or your children, read the section on family violence before choosing a process.

This article covers the law of British Columbia.

Mediation versus required early steps

Mediation is a voluntary process in which a neutral person helps you and the other party try to reach agreement. Separate from that, some court rules require specific early steps before a case moves forward. It helps to keep the two ideas apart.

The steps that are clearly required differ between the Provincial Court and the Supreme Court, and they can differ again by registry. Whether any other mediation requirement applies to your situation is worth confirming with a lawyer or a Family Justice Counsellor.

Provincial Court: notice to resolve and parenting course

In a Provincial Court early resolution registry, you must first file a Notice to Resolve a Family Law Matter in Form 1 and give a copy to each other party. The application follows only after the early resolution requirements are met. Outside early resolution registries, a party starts a case by filing and serving an Application about a Family Law Matter in Form 3.

You must also complete a Parenting After Separation (PAS) course before your first court date, the family management conference, unless you have an official exemption. This applies to applications about parenting arrangements, child support, spousal support, companion animal property or protection orders. The course is free and online.

Exemptions exist. You may be exempt in situations such as these:

• You finished PAS within the last two years.
• The matter is only companion animal property, or only spousal support with no children.
• Every child is 19 or older.
• You cannot access the course online or in your language, or literacy or a serious medical condition prevents it.
• All parties file a consent order.

Supreme Court: different early steps

PAS is not mandatory in the Supreme Court, although a judge may suggest it. Instead, unless a judicial case conference has been held, a party must not serve a notice of application or supporting affidavit. At that conference the court may mediate disputed issues, make consent orders or direct a party to the Parenting after Separation program.

Mediation can also affect fees. A person filing a notice of family claim or response to family claim need not pay the filing fee if they provide a Form F100 certificate of mediation from a qualified mediator, and they mediated with the other side or the mediator found mediation inappropriate.

Where to find free mediation, and family violence concerns

Family Justice Centre services are free and include mediation with a Family Justice Counsellor, facilitated child support negotiation, legal information and referrals, and PAS. Staff may ask about income because some referrals depend on financial need. Justice Access Centres also offer mediation with a Family Justice Counsellor if you are eligible, and you may be referred to a private mediator if the issue is not one a counsellor is trained to mediate.

Mediation is not always a good fit when there is family violence. A Family Justice Counsellor can explain exemptions and how to register for PAS. If you fear for your safety, tell the counsellor or a lawyer before you decide on a process.

What to do next

• Decide which court you are likely to use, since the early steps differ.
• Ask the registry whether it is an early resolution registry, because that changes your first step.
• Register for PAS early if you will be in the Provincial Court.
• Contact a Family Justice Centre or Justice Access Centre about mediation and exemptions.
• Raise any safety concerns before agreeing to mediate.
• Speak with a lawyer if you are unsure which steps apply to you.

Frequently asked questions