- Family Justice Centres in British Columbia offer free services to parents and family members dealing with separation or divorce.
- Family justice counsellors are accredited mediators who can help with parenting arrangements, guardianship, contact with a child and child and spousal support.
- Family dispute resolution professionals must assess whether family violence may be present, and if so consider how it may affect a party's safety and ability to negotiate a fair agreement.
If you and your partner are separating and want to stay out of court, mediation can feel like the obvious next step. The worry is usually cost. Private mediators charge for their time, and many couples are already stretched.
British Columbia has public options. Family Justice Centres and Justice Access Centres both offer free family justice services. Family justice counsellors, who are accredited mediators, provide mediation. This article explains what they do, what they do not do, and how to tell whether mediation fits your situation.
This article covers the law of British Columbia.
What a Family Justice Centre offers
Family Justice Centres offer free services to parents and other family members dealing with separation or divorce. Help is available with parenting arrangements, guardianship, child and spousal support, contact with a child, and property division for a companion animal.
Beyond mediation, the centres also provide several other supports:
- A needs assessment, plus legal information with referrals for advice.
- Referrals to community agencies and safety referrals, such as VictimLinkBC or police.
- A referral to the BC Family Maintenance Agency if child support is not being received.
- A free Parenting After Separation course.
- Information on Provincial Court processes.
What family justice counsellors do
Family justice counsellors are accredited mediators who provide mediation. Under section 10(2) of the Family Law Act, they can give information about a family law dispute, help with family dispute resolution on guardianship, parenting arrangements, contact with a child and child and spousal support, and make referrals.
Where the dispute is about child support, facilitated negotiation with a child support officer is another option.
At Justice Access Centres, mediation is a neutral, informal setting where a trained mediator helps you discuss issues without giving legal advice. That last point matters. The mediator helps you talk and reach agreement, but does not tell either of you what your legal rights are. A lawyer can do that.
Is mediation right for you?
Mediation tends to suit people who can talk through issues, even with difficulty, and who feel safe doing so. It may not suit situations involving fear, pressure or a big imbalance of power.
The Family Law Act recognizes this. Family dispute resolution professionals must assess, in accordance with the regulations, whether family violence may be present, and if so consider how it may affect a party's safety and ability to negotiate a fair agreement. If mediation is not suitable, Family Justice Centre staff help with next steps or referrals.
If safety is a concern, tell the staff early. Safety referrals to VictimLinkBC or police are part of what the centres provide.
Limits and things to know
| Topic | What to know |
|---|---|
| Cost | The centre services are free, but some referred services are based on financial need, so you may be asked about income. |
| Legal advice | Lawyer advice at a Family Justice Centre depends on your situation, and staff otherwise refer you elsewhere. |
| Justice Access Centre mediation | At a Justice Access Centre, if a counsellor is not trained to mediate your problem, you may be referred to a private mediator, or to child protection mediation or notice to mediate. |
| Divorce | The Online Divorce Assistant only works where both spouses agree on all issues. |
| Early Resolution Registries | In the Vancouver Coastal, Vancouver Fraser, Vancouver Island and Interior regions, specific steps are required before a Provincial Court family case proceeds. |
Justice Access Centres also offer free family justice services, including mediation.
How to get started
You can reach a Family Justice Centre Monday to Friday, 8:30 AM to 4:30 PM, at 1-844-747-3963 (toll-free). Services are also available by telephone and video conference for families separated by distance. Hours can change, so confirm when you call.
- Write down the issues you need to resolve: parenting, support, property or guardianship.
- Gather basic documents such as any existing agreements, orders and income information.
- Think about safety and tell staff about any concerns at the start.
- Ask whether mediation is suitable and what the next steps are if it is not.
- Consider having a lawyer review any agreement before you sign, so you understand your legal rights.
Frequently asked questions
Is family mediation really free in British Columbia?
Family Justice Centres offer free services to parents and family members dealing with separation or divorce. Some referred services are based on financial need, so you may be asked about income.
Can a family justice counsellor tell me what my rights are?
Family justice counsellors are accredited mediators who provide mediation, and they can give information about a family law dispute. At Justice Access Centres, mediation is a neutral, informal setting where a trained mediator helps you discuss issues without giving legal advice. Lawyer advice at a Family Justice Centre depends on your situation, and staff otherwise refer you elsewhere.
What if there has been family violence in the relationship?
Family dispute resolution professionals must assess whether family violence may be present and consider how it may affect safety and the ability to negotiate a fair agreement. If mediation is not suitable, staff help with next steps or referrals. A lawyer can explain other options.
What if we cannot agree in mediation?
Staff help with next steps or referrals if mediation is not suitable. Depending on your region, certain steps may be required before a Provincial Court family case proceeds. A lawyer can explain what that means for you.
Sources
- Province of BC – Family Justice Centre services — www2.gov.bc.ca
- Province of BC – Mediation at Justice Access Centres — www2.gov.bc.ca
- Family Law Act, SBC 2011, c 25, Part 2, ss. 8-9 — bclaws.gov.bc.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
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