Free Family Mediation in Alberta: Who Qualifies and How to Register

Separating is hard enough without a long court process. If you and the other parent are willing to talk, Alberta Justice offers a family mediation service that costs nothing to use. The catch is that not everyone qualifies, and the sign-up steps are specific.

This article explains who is eligible, what can be mediated, how to register, how safety is handled, and how free mediation fits with the dispute resolution steps Alberta courts expect. Your own situation may change the details, so a lawyer can confirm what applies to you.

This article covers the law of Alberta.

Who qualifies for free family mediation

Alberta Justice Family Mediation is free. To use it, you need to meet all of the following conditions.

• You are separating or divorcing.
• You are a parent, grandparent, guardian or other person with a significant role in a child's life.
• There is at least one dependent child, meaning under 18, or 18 or older and eligible for continued child support.
• Both parents agree to mediate.
• One parent's gross income is $60,000 or less per year.

Because both parents must agree, the service cannot be used if the other parent refuses to take part. If you do not meet the conditions, private mediation and the other options at the end of this article may still be open to you.

What you can mediate

Family mediation can cover communication between you and the other parent, parenting plans, guardianship, child support, spousal support and some property matters. Not every issue is necessarily covered, so ask when you register about the specific topics you want to resolve.

Mediation helps you reach your own agreement with the other parent. The mediator does not decide the outcome for you. If you later want the terms made into a court order, a separate step is needed, and an agreement cannot be filed on its own with the court.

How to register and what to expect

Each parent registers separately, and the second parent must register within 2 weeks of the first. Lawyers cannot register for you, so you have to do this yourself. Contact from the service usually comes 2 to 3 weeks after registration.

If you will be discussing finances, you must exchange a Financial Disclosure Statement with the other parent. Start gathering your income, expense, asset and debt information early so the statement does not hold things up.

• Talk to the other parent and confirm they are willing to mediate.
• Check that one parent's gross income is $60,000 or less per year.
• Each parent registers separately, within 2 weeks of each other.
• Gather the information for a Financial Disclosure Statement.
• Keep any court orders handy, especially ones about contact.

Safety screening and special situations

The mediator meets each person individually to identify safety concerns and decides whether mediation is appropriate. The mediator must report any perceived threat to the safety of any person to the appropriate authorities. If you have safety concerns, you can contact 211, which is available 24/7.

Two situations work differently.

• If a court order prevents contact with the other parent, a copy must be provided before a mediation appointment is scheduled, and the order may need to be checked or changed.
• If you have a Children's Services case worker, you may be referred to the Children's Services Mediation Program instead.

How mediation fits with court requirements and other options

In Greater Edmonton, Calgary, Red Deer and Grande Prairie, the Family Justice Strategy requires alternative dispute resolution (ADR) if you 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 a family law court application.

If you are divorcing, the federal Divorce Act also says that, to the extent appropriate, parties shall try to resolve matters through a family dispute resolution process. This is a duty to try, not a requirement to complete mediation. A legal adviser helping with a divorce must also generally encourage you to attempt it, unless that would clearly not be appropriate.

If free mediation is not available to you, the Court of King's Bench lists other dispute resolution services, including parenting apps, mediation, the King's Bench Child Support Resolution Program, collaborative professionals, parenting coordination and arbitration. The Child Support Resolution Program is available to all parties in Calgary and Edmonton and can be reached by direction from Family Docket Court or voluntarily before it.

Under the Family Justice Strategy, a party who cannot complete a mandatory requirement must file a Request to Waive/Defer Mandatory Requirements form, and listed reasons include concerns about family violence, technological barriers, language barriers and being unable to locate the other party. Separately, in the Court of King's Bench, urgent matters under the Family Focused Protocol, such as a risk of violence or immediate harm, are exempt from the mandatory requirements. The waiver process has been revised, so check current court notices.

What to do next

• Confirm you meet the eligibility conditions, including the income limit.
• Ask the other parent whether they will mediate, and register separately.
• Prepare your Financial Disclosure Statement if money will be discussed.
• If safety is a concern, call 211 before deciding how to proceed.
• Keep records of your mediation attempt and any Participation in ADR form if you may file in court.
• Speak with a lawyer if you have a court order, an urgent issue or a question about which process suits you.

Frequently asked questions