- Shuttle mediation generally means the mediator works with each person separately and carries proposals back and forth, so you do not sit in the same room.
- A BC family dispute resolution professional must assess whether family violence may be present and discuss the options with you.
- Mediation is not always appropriate, and the process can be ended or an exemption given in some settings.
If sitting across from your former partner is frightening or simply unworkable, you may have heard of a style of mediation where you are kept apart. People often call it shuttle mediation.
This article explains in plain words what that generally involves, what BC rules say about screening and qualifications, and what to ask before you agree to any process. It is general information and not advice on your case.
This article covers the law of British Columbia.
What shuttle mediation generally means
In shuttle mediation, the mediator meets or speaks with each person separately, in different rooms or by separate calls, and moves between you with questions and offers. You and the other person may never speak directly to each other during the session.
It is a way of running a mediation, not a separate legal process. Mediation itself is one of the forms of family dispute resolution, which is a process parties use to try to resolve disputed issues outside court. How a particular mediator arranges sessions is something to ask them about directly.
Screening for safety and power imbalance
A family dispute resolution professional you consult must assess whether family violence may be present. If it may be, the professional must consider how far it affects your safety or a family member's, and your ability to negotiate a fair agreement. Based on that assessment, the professional must discuss with you the advisability of using various types of family dispute resolution and tell you about facilities and other resources that may help.
Family violence includes psychological or emotional abuse, such as intimidation, harassment, coercion or threats, including threats about other persons, pets or property. For a child, it includes direct or indirect exposure to family violence.
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.
Limits and things to think about
- Being apart does not remove every risk. Pressure can still happen through messages, shared children or an unequal bargaining position, so tell the mediator about any concerns.
- Mediation is not always appropriate. A mediator in the Notice to Mediate process may end it if it seems inappropriate or unproductive.
- Information you provide must be full and true, and it may be used only as necessary to resolve the dispute.
- Any agreement about guardianship, parenting arrangements and contact must be made in the best interests of the child only, and the professional must tell you that.
- Mediation takes more time when the mediator relays every message, so ask how long sessions are likely to run.
Whether shuttle mediation suits a high-conflict case depends on the facts, including safety, how much each person can speak for themselves and how willing both are to reach a deal. A lawyer or family justice counsellor can help you weigh this.
Who can mediate and where to find one
Only a mediator qualified as a family dispute resolution professional may conduct a mediation in a family law dispute. Qualifications include Law Society of British Columbia membership in good standing with its training and practice requirements, or other listed qualifications that include at least 14 hours of family violence training.
Family justice counsellors help people reach agreements on guardianship, parenting arrangements, contact, and child and spousal support, and they also work as accredited mediators. Their services are free, and you do not have to start the court process to use them.
In a Provincial Court Early Resolution Registry, parties must try at least one consensual dispute resolution session, but that 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 there is any risk of family violence.
What to do next
- Write down your safety concerns and any past incidents before speaking to a mediator.
- Ask the mediator whether they use separate rooms or calls and how they screen.
- Ask whether a lawyer can attend with you; in the Notice to Mediate process each party pays its own lawyer if it has one at the mediation.
- Book an individual needs assessment with a family justice counsellor if you are heading to Provincial Court in an Early Resolution Registry.
Frequently asked questions
Do I have to mediate before going to court?
The Family Law Act itself imposes no general mediation-first rule. In Provincial Court Early Resolution Registries, parties must try at least one consensual dispute resolution session unless an exception applies. In Supreme Court, the rules do not make mediation mandatory, though the court can require it in some cases.
Can I be excused from mediation because of safety concerns?
In an Early Resolution Registry, the session is not required if a needs assessor or dispute resolution professional finds participation is not appropriate. A family justice counsellor may also grant an exemption from all or part of a prescribed process, subject to a court order.
Is a shuttle mediation agreement binding?
An agreement about a family law dispute is generally binding on the parties, subject to the Act, but the Act sets further conditions for particular agreements, and parenting and child support agreements are binding only if made after separation or when the parties are about to separate and intend the agreement to take effect on separation. A court must set aside or replace all or part of a parenting-arrangements agreement, or a filed contact agreement, if it is satisfied the agreement is not in the child's best interests.
Does shuttle mediation cost money?
Family justice counsellor services are free. Private mediator fees vary, so ask the mediator before you begin. In the Notice to Mediate process, mediator fees are generally split equally unless the parties agree otherwise.
Sources
- Family Law Act, Part 1 (BC Laws) — bclaws.gov.bc.ca
- Family Law Act, Part 2 (BC Laws) — bclaws.gov.bc.ca
- Family Law Act Regulation, B.C. Reg. 347/2012 (BC Laws) — bclaws.gov.bc.ca
- Family Law Act, Part 4 (BC Laws) — bclaws.gov.bc.ca
- Family Law Act, Part 7 (BC Laws) — bclaws.gov.bc.ca
- Provincial Court Family Rules, B.C. Reg. 120/2020 (BC Laws) — bclaws.gov.bc.ca
- gov.bc.ca – Early Resolution — www2.gov.bc.ca
- Supreme Court Family Rules, B.C. Reg. 169/2009 (BC Laws) — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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