- Family Justice Centres offer free services to parents and family members dealing with separation or divorce, and family justice counsellors who are accredited mediators provide mediation.
- Justice Access Centres also offer free family justice services, including mediation in a neutral, informal setting.
- Mediation is not right for every situation, and professionals must assess whether family violence may be present.
If you and your former partner want to sort out parenting, support or property without going to court, you may wonder whether mediation is something you have to pay for. In British Columbia, there are publicly funded options built into the family justice system.
This article explains what those services are, who can use them, what to expect, and how to get started. It is general information, not legal advice, and a lawyer can help you check how your own situation fits.
This article covers the law of British Columbia.
What publicly funded family mediation looks like
Mediation means a neutral person helps the two of you talk through the issues and look for agreement. The mediator does not decide the outcome for you. At a Justice Access Centre, mediation is described as a neutral, informal setting where a trained mediator helps you discuss issues without giving legal advice.
Through Family Justice Centres, family justice counsellors who are accredited mediators provide mediation. Under the Family Law Act, family justice counsellors can provide information about a family law dispute, family dispute resolution on guardianship, parenting arrangements, contact with a child and child and spousal support, and referrals.
Where to find it
| Service | What it offers | Cost |
|---|---|---|
| Family Justice Centre | Help with parenting arrangements, guardianship, child and spousal support, contact with a child, and property division for a companion animal; mediation by family justice counsellors | Free |
| Justice Access Centre | Free family justice services, including mediation with a trained mediator | Free |
Family Justice Centres can be reached Monday to Friday, 8:30 AM to 4:30 PM, at the toll-free number 1-844-747-3963, and services are also available by telephone and video conference for families separated by distance.
Who can use it and what to expect
Family Justice Centre services are offered to parents and other family members dealing with separation or divorce. Whether a particular service fits your situation depends on the facts, so it is worth confirming with the centre or a lawyer. If child support is the main issue, child support disputes can use facilitated negotiation with a child support officer.
Some of the services you are referred on to are based on financial need, so you may be asked about your income. Lawyer advice at a Family Justice Centre depends on your situation, and staff otherwise refer you elsewhere.
- A needs assessment and legal information, with referrals for advice.
- Referrals to community agencies, and safety referrals to VictimLinkBC or police.
- A free Parenting After Separation course.
- Information on Provincial Court processes.
- A referral to the BC Family Maintenance Agency if child support is not being received.
When mediation may not be the right fit
Mediation depends on both people being able to speak openly and safely. Under the Family Law Act, 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 there has been violence or fear in the relationship, say so early.
If mediation is not suitable, Family Justice Centre staff help with next steps or referrals. At a Justice Access Centre, you may be referred to a private mediator if a counsellor is not trained to mediate your problem, or to child protection mediation or notice to mediate.
Be aware that Early Resolution Registries in the Vancouver Coastal, Vancouver Fraser, Vancouver Island and Interior regions require specific steps before a Provincial Court family case proceeds. Also, Section 9 of the Family Law Act requires parties to comply with any regulations on mandatory family dispute resolution.
How to start
- Write down the issues you want to settle: parenting, support, guardianship, property or others.
- Call the Family Justice Centre line or contact your nearest Justice Access Centre to ask about mediation.
- Be ready to talk about safety concerns and, if asked, your income.
- Ask whether the other person has been contacted and how the sessions would work.
- If you reach an agreement, consider having a lawyer review it before you sign.
If you agree on everything and are applying for a divorce together, the Online Divorce Assistant is available for joint uncontested divorces, but it only works where both spouses agree on all issues.
Frequently asked questions
Is family mediation really free in BC?
Family Justice Centres offer free services to parents and other family members dealing with separation or divorce, and Justice Access Centres also offer free family justice services. Some services you are referred on to are based on financial need, so you may be asked about income.
Do we have to be going to court to use mediation?
Family Justice Centre services are offered to people dealing with separation or divorce. Whether you need a court case to use a particular service depends on your situation, so it is worth confirming with the centre. Certain regions also have Early Resolution Registry steps that apply before a Provincial Court family case proceeds.
What if I am afraid of my former partner?
Family dispute resolution professionals must assess whether family violence may be present and consider how it affects your safety and ability to negotiate a fair agreement. Staff can also make safety referrals to VictimLinkBC or police.
What if mediation does not work?
Family Justice Centre staff help with next steps or referrals if mediation is not suitable. A lawyer can explain your options, including court.
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
An uncontested divorce with us is from $2,126.88, tax included. Third-party fees are extra.