Do You Have to Mediate With an Abusive Ex in Alberta?

If you have lived with violence or abuse, the idea of sitting down with your ex to negotiate can feel impossible. Many people worry that Alberta's family court rules will force them into a room, or onto a call, with someone who frightens them.

The rules are more flexible than many people expect. This article explains where the dispute resolution requirement applies, how screening works, what a waiver is, and what to check before you act. It is general information, not legal advice.

This article covers the law of Alberta.

Where the ADR requirement applies

Alberta's Family Justice Strategy applies in Greater Edmonton, Calgary, Red Deer and Grande Prairie, and its four mandatory requirements must be met before family law applications are filed.

The first requirement is Alternative Dispute Resolution (ADR). It applies 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.

The Court of King's Bench Family Focused Protocol took effect January 2, 2026 and applies to Family and Divorce proceedings at all King's Bench judicial centres. Under it, parties seeking relief must complete the Family Justice Strategy mandatory requirements unless the matter is urgent or a waiver has been obtained. Rules differ by court and location, so confirm which ones apply to you.

Screening and safety in ADR

All ADR processes under the Family Justice Strategy include screening for family violence, and anyone with safety concerns is told to contact 211, which is available 24/7.

In government family mediation, 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.

• The mediator meets each person individually to identify safety concerns.
• Mediation can be found unsuitable after screening.
• Say plainly what your safety concerns are, so the screening can take them into account.

Waiving or deferring the requirement

A party who cannot complete a mandatory requirement must file a Request to Waive/Defer Mandatory Requirements form. Listed reasons include concerns about family violence, technological barriers, language barriers and being unable to locate the other party.

The King's Bench waiver process has been revised during 2026, so do not rely on older descriptions. Check albertacourts.ca for the current steps before you file.

Urgent matters and no-contact orders

Under the Family Focused Protocol, urgent matters include a risk of violence or immediate harm, a risk of removing a child from the jurisdiction, and Emergency Protection Order reviews. Urgent matters are exempt from the mandatory requirements.

Parenting time, contact or communication issues count as urgent only if they cannot reasonably be delayed.

If a court order prevents contact with the other parent, a copy must be provided before a government mediation appointment is scheduled, and the order may need to be checked or changed. A lawyer can help you understand what that means for your situation.

Divorce Act duties and what to do next

Under the federal Divorce Act, parties to a divorce proceeding shall try to resolve matters through a family dispute resolution process, but only to the extent appropriate. That is a duty to try, not a requirement to complete mediation. A legal adviser must encourage the process unless it would clearly not be appropriate.

Parties must also, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding.

• If you are in danger now, contact emergency services; for support and safety planning, contact 211.
• Write down the safety concerns you want considered.
• Gather any protection or no-contact orders.
• Check albertacourts.ca for the current waiver steps.
• Speak with a lawyer before filing or agreeing to any process.

Frequently asked questions