Is Mediation Free for Separating Parents in Newfoundland and Labrador?

Cost is often the first worry for a parent who is separating. You may be wondering whether you can sit down with a neutral person to work out parenting without paying, or whether mediation is something only people with money can afford.

In Newfoundland and Labrador there is a free option through the Supreme Court, and there is also a paid route. This article explains what each covers so you can choose with clear expectations.

This article covers the law of Newfoundland and Labrador.

What Family Justice Services offers

Family Justice Services (FJS) is a division of the Supreme Court that helps families resolve parenting and child support issues outside the courtroom. It offers mediation and parent education sessions, is free, and does not provide legal advice.

Services are for residents of Newfoundland and Labrador involved in family law matters. The focus is on parenting and child support, so questions such as property division or a divorce itself are not what FJS is described as handling.

How you get into the service

There are two routes. Both parties can sign and submit a Request for Service to the nearest FJS office. Alternatively, when an Originating Application raising a child support or parenting issue is filed with the Supreme Court, it is automatically forwarded to FJS.

Whether the other parent must take part in mediation depends on your situation, so it is worth confirming with your regional FJS office or a lawyer. Under the Request for Service route, both parties sign and submit the request. If there are safety concerns, tell the office and a lawyer before agreeing to sit down with the other parent. A court must consider any violence by a person toward a spouse, child or household member when deciding custody and access.

The Parent Information Program

The FJS Parent Information Program is a group session called 'Living Apart…Parenting Together'. It is described as three hours and free, held at FJS offices across the province, and covers separation, family law information, FJS services, child development, communication skills and new partner issues. Each parent attends a separate presentation, and children cannot attend.

Attendance is mandatory for parents involved in family court applications. Parents who are not going to court are encouraged to attend. The format of the session may vary, as some descriptions refer to an online course, so confirm the current format and how to register with your regional FJS office.

When you might pay for a mediator

FJS is not the only route. Under the Children's Law Act, a court may, at the parties' request, appoint a mediator the parties choose in a custody or access application. The parties pay the mediator's fees, and the court allocates the shares.

What private mediators charge varies, so ask for a fee estimate before you start. It is also worth asking whether the mediator can work with your specific issues.

What to do next

Mediation can help you reach an agreement, but it does not replace legal advice. Because FJS does not give legal advice, many parents see a lawyer separately to understand their rights before they agree to anything. Agreements about support or property can have lasting effects, and a signed domestic contract is unenforceable unless it is in writing, signed and witnessed.

• Contact your nearest FJS office and ask about a Request for Service.
• Ask how to register for the Parent Information Program and what format it uses now.
• Write down the parenting schedule and decisions you want to discuss.
• Gather income information in case child support comes up.
• Ask for a fee estimate before hiring any private mediator.
• Get legal advice before you sign any agreement.

Frequently asked questions