Who Qualifies for Free Government Family Mediation in Alberta?

Separating is stressful, and court is not always the best first step. Alberta Justice offers a free family mediation service, where a neutral person helps you and the other parent work out arrangements for your children and sometimes other issues.

Not everyone can use it. This article explains who qualifies, what mediation can cover, how to register, the exceptions that can change the process, and what to look at if you do not qualify.

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 each 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, who is 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, mediation cannot go ahead if the other parent refuses to take part.

What mediation can cover

Family mediation topics include communication, parenting plans, guardianship, child support, spousal support and some property matters.

If you will be discussing finances, you must exchange a Financial Disclosure Statement with the other parent. It helps to start gathering your income and financial information early.

How to register

Each parent registers separately, and the second parent must register within 2 weeks of the first. Lawyers cannot register for you. Contact usually comes 2 to 3 weeks after registration.

• Tell the other parent you want to try mediation, since both of you must agree.
• Each of you registers on your own, within 2 weeks of each other.
• Wait for contact, which usually comes 2 to 3 weeks after registration.
• Exchange Financial Disclosure Statements if finances will be discussed.

Exceptions and safety

If a court order prevents contact with the other parent, you must provide a copy 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.

The mediator meets each person individually to identify safety concerns and decides whether mediation is appropriate. The mediator must also report any perceived threat to the safety of any person to the appropriate authorities. Mediation is not suitable for every family, and that is a decision made with safety in mind.

If you do not qualify, and what to do next

The Court of King's Bench lists other family 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.

Dispute resolution can also matter for court. The Family Justice Strategy applies in Greater Edmonton, Calgary, Red Deer and Grande Prairie, and its mandatory requirements must be met before family law applications are filed. 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. 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.

• Check each eligibility condition, especially income and the other parent's agreement.
• Gather your financial information for the Financial Disclosure Statement.
• If a court order limits contact, have a copy ready.
• If you do not qualify or your situation is complicated, speak with a lawyer about your options.

Frequently asked questions