How Do I Prepare for Family Mediation in BC?

Mediation works best when both people arrive organized and clear about what matters. If it is your first time, it helps to know what the mediator will ask for and what the law expects from you.

This checklist covers disclosure, parenting issues, documents and goals for mediation in British Columbia. It is general information, and a lawyer can help you with your own situation.

This article covers the law of British Columbia.

Know who is running the session

A mediator conducting a family law mediation must be qualified as a family dispute resolution professional. A mediator can qualify by being a member in good standing of the Law Society of British Columbia and meeting its training and practice requirements, or by meeting other listed qualifications, which include at least 14 hours of family violence training.

Family justice counsellors also work as accredited mediators, and their services are free. In the Notice to Mediate (Family) process, mediator fees are generally split equally among the parties unless they agree otherwise. For any other mediator, how fees are set and shared depends on the mediator, so ask about costs before you book.

Gather your financial information

A party to a family law dispute must give the other party full and true information to resolve the dispute, and that information may not be used except as necessary to resolve the dispute. Non-disclosure also matters later, because a court may set aside a witnessed property agreement if a spouse failed to disclose significant property or debts.

• Recent income tax returns and notices of assessment.
• Pay stubs or business financial statements.
• Recent bank, credit card, loan and mortgage statements.
• Statements for investments, pensions and retirement accounts.
• Documents showing the value of your home and other property, and a list of debts.
• A realistic monthly budget, including child-related expenses.

Prepare your parenting issues

Agreements and orders about guardianship, parenting arrangements and contact with a child must be made in the best interests of the child only. It helps to think through schedules, holidays, school, health care, communication and transitions before the session.

• Write down the schedule you propose and a back-up option.
• List the decisions you expect to share and how you would resolve a disagreement.
• Note anything about the child's needs that the mediator should know.
• Think about child support and how it would work alongside the schedule.

For child support, a court may depart from the guideline amount if the parties have an agreement and the court is satisfied that reasonable arrangements have been made for the support of the child.

Safety, screening and legal advice

A family dispute resolution professional you consult must assess whether family violence may be present and consider how it affects safety and your ability to negotiate a fair agreement. Family violence includes psychological or emotional abuse, such as intimidation, harassment, coercion or threats.

In the Notice to Mediate (Family) process, each party attends a separate pre-mediation meeting where the mediator screens for power imbalance, domestic violence and abuse and discusses independent legal advice. The Act does not require independent legal advice for a separation agreement to bind the parties, but missing advice can matter if someone later argues they did not understand the agreement. Consider seeing a lawyer before you sign.

After the session: what to do next

A written agreement is one that is in writing and signed by all parties. An agreement on a family law dispute is generally binding on the parties, subject to the Act, but a parenting or child support agreement is binding only if made after separation, or when you are about to separate and intend it to take effect on separation. Under the Supreme Court Family Rules, a written agreement under the Family Law Act is filed by attaching it to a requisition in Form F17.1, and the court may then enforce the filed agreement on application.

• Read the draft agreement closely before signing.
• Ask a lawyer to review it, particularly any property or support terms.
• Ask whether the agreement should be filed in court.
• Keep copies of everything you signed.

Frequently asked questions