Do You Have to Try Mediation Before Court in British Columbia?

You have decided to go to court about parenting, support or property, and someone has told you that you must try mediation first. Whether that is true depends on which court you use and where the registry is located.

This article explains the steps that can come before a family court application in British Columbia, the main exceptions, and what to check before you file. It is general information, not legal advice.

This article covers the law of British Columbia.

The short answer: no single mediation-first rule

The Family Law Act requires parties to comply with any regulation requirements about mandatory family dispute resolution or prescribed procedures, but the Act itself imposes no general mediation-first rule. Family dispute resolution is a process you use to try to resolve disputed issues outside court, and it includes mediation, arbitration, collaborative family law and help from a family justice counsellor.

In practice, the answer changes with the court. The Provincial Court has a structured early step in some registries, while the Supreme Court has a different pre-application step.

Provincial Court: Early Resolution Registries

All Provincial Court registries in the Vancouver Coastal, Vancouver Fraser, Vancouver Island and Interior regions (including the Okanagan and Kootenay) are Early Resolution Registries, and other locations may be designated later. Check the government's current registry list for your courthouse, because older pages naming only a few registries are out of date.

If you file in an Early Resolution Registry, these steps generally come first:

• An individual needs assessment meeting with a family justice counsellor.
• The Parenting After Separation online course, if applicable. Parties must complete a parenting education program before filing an application or a reply.
• At least one consensual dispute resolution session, such as mediation with a qualified family dispute resolution professional, collaborative family law, or facilitated negotiation of child or spousal support with a child support officer.

After that, the first court appearance is a Family Management Conference. The early resolution services are free.

When the Provincial Court steps can be skipped

The dispute resolution session is not required if a needs assessor finds the parties cannot access these services, or if a needs assessor or dispute resolution professional finds participation is not appropriate. The needs assessor considers whether consensual dispute resolution is appropriate and whether there is any risk of family violence.

A needs assessor can exempt you from the parenting education program on listed grounds:

• You completed it in the past two years.
• The matter involves only spousal support or only companion animal property.
• All children are 19 or older.
• You have a serious medical condition.

Parenting education is also not required when a consent order resolving all child-related issues is filed. The Early Resolution Process does not apply to child protection matters, or to matters brought by the Ministry of Children and Family Development or an Indigenous child and family service agency.

Supreme Court: a case conference, not mandatory mediation

In the Supreme Court, a notice of application or supporting affidavit generally cannot be served before a judicial case conference has been held, subject to exceptions. The Rules do not make mediation mandatory, but at the conference the judge may mediate any issue, refer you to a family justice counsellor, or, with consent, refer you to another family dispute resolution professional.

Applications for a consent order are exempt from the case conference requirement. The court can also require parties to attend mediation, a settlement conference or another dispute resolution process. Separately, once a proceeding is underway, any party may serve a Notice to Mediate (Family) between 90 days after the first response to family claim is filed and 90 days before trial.

What to do next

• Find out which court you would use and whether your Provincial Court registry is an Early Resolution Registry.
• Book a needs assessment with a family justice counsellor if you are using an Early Resolution Registry.
• Tell the counsellor or mediator about any safety concerns, since professionals must assess whether family violence may be present.
• If you and the other parent already agree, ask about a consent order, which may avoid some steps.
• Speak with a lawyer if you are unsure which route fits your situation.

Frequently asked questions