Is Family Mediation Mandatory in Saskatchewan Family Disputes?

If you are separating and have children, you may wonder whether you can simply go to court, or whether you have to try mediation first. In Saskatchewan the answer is that a dispute resolution attempt is generally required, with some exceptions.

This article explains the requirement, how it fits with the Divorce Act and court practice, and what exemptions exist. It is general information, and a lawyer can confirm how it applies to your situation.

This article covers the law of Saskatchewan.

The Saskatchewan requirement

Since July 1, 2022, family law matters coming to court anywhere in Saskatchewan are required to attempt a family dispute resolution process by the close of pleadings, before continuing with further court proceedings.

In plain words, you generally cannot move ahead with a contested family case without first making a genuine attempt to resolve it outside the courtroom. Mediation is one form of family dispute resolution. Section 7-4 of The King's Bench Act, 2023 deals with family mediation by recognized family mediators, and section 3-1 of The King's Bench Regulations sets the membership requirements for those mediators.

What the Divorce Act adds

If you are seeking a divorce, the Divorce Act says that, to the extent appropriate, the parties shall try to resolve the matters that may be the subject of an order through a family dispute resolution process. A legal adviser must also encourage clients to do so unless it is clearly inappropriate.

So the push toward dispute resolution comes from both the provincial requirement and the federal Act.

When parents work out parenting through dispute resolution, the Divorce Act uses two main terms. Decision-making responsibility means responsibility for significant decisions about a child's well-being, including health, education, culture, language, religion and spirituality, and significant extra-curricular activities. Parenting time means the time a child spends in the care of a person, whether or not the child is physically with that person the whole time.

Required, encouraged or optional

An exemption is not automatic. You apply to the court for it.

How it shows up in court

The Court of King's Bench Family Practice Directive #7 applies in Saskatoon and Regina. It requires a judicial case conference before certain chambers applications and lists compliance with the s. 7-4 dispute resolution requirement among the pre-conditions to seeking an order.

Family Law Division judges sit in Regina, Saskatoon and Prince Albert. Which steps apply to you can depend on where your matter is filed.

Separately, parents who have not fully agreed on parenting must complete a parenting course. The Parenting After Separation Program has two online courses, one standard and one for high-conflict families, offered in English and French.

If parents cannot agree on decision-making responsibility or parenting time, a Saskatchewan judge may order a parenting assessment by a qualified social worker who does not work for either parent. The report goes to the parents, their lawyers and the court.

What to do next

Mediation does not mean giving in. You can still get legal advice before and during the process, and an agreement about separation, support, property or parenting is not collusion for divorce purposes.

• Write down the issues you need to resolve: parenting, child support, spousal support and property.
• Gather income documents and any existing agreements.
• Ask a lawyer whether your safety concerns or urgency may support an exemption.
• Find out which courthouse your matter would be filed in and what practice directive applies.
• Register for the parenting course if parenting is not fully agreed.

If your divorce ends up being uncontested, the Court of King's Bench offers a free Self-Help Divorce Kit with instructions and one set of forms. You request it from the Family Law Information Centre at 306-787-5837 or 1-888-218-2822.

If safety is a worry right now, an emergency intervention order may be available through a designated justice of the peace, who can grant one without notice where interpersonal violence occurred and the matter is urgent.

Frequently asked questions