Difference between revisions of "Mediation, Collaborative Negotiation, and Arbitration"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://www.boydarbitration.ca/ JP Boyd KC], Boyd Arbitration Chambers; [https://duncanallenlaw.com/team_member/tannis-baradziej/ Tannis Baradziej], Duncan Allen Law LLP; and Manjeet Chana, People's Law School|date= August 2021}} {{Dial-A-Law TOC|expanded = disputes}}
Going to court over a family law problem can be stressful, time consuming, and expensive. Learn how to use mediation, collaborative negotiation, or arbitration to resolve issues without going to court.


{{Dial-A-Law TOC|expanded = family}}
{| class="wikitable"
This script discusses ways to resolve family law disputes without going to court.
|align="left"|'''Alert!'''
This information has been updated to reflect [https://dialalaw.peopleslawschool.ca/the-divorce-act-is-changing/ changes to the ''Divorce Act''] that took effect on March 1, 2021, as well as [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 new Provincial Court Family Rules] that took effect on May 17, 2021.
|}


==How to avoid going to court?==
==What you should know==
All sorts of people can have family law issues, including couples who are married, couples who aren’t married, people who have had a child together and anyone, such as a relative, who has an interest in caring for a child. Most family law issues involve separating parents.


When a couple decides to separate, they usually have to make a number of decisions. Where should the child live most of the time? What will the parenting schedule look like? Should support be paid, and if so, to whom and in what amount? Who should stay in the family home? How will the family property and family debt be divided?
===You don’t have to go to court===
When spouses, partners or parents separate, they have to sort out their legal problems. These problems can include deciding how to divide property and debts and who gets to stay in the family home. They also have to figure out whether one of them will pay support to the other. If there are children, more family law problems need to be worked out, including where the children will live and how decisions about them will be made.


Many people believe that going to court is the only way to resolve these issues. However, if the couple can work together they may be able to avoid court altogether. Going to court is sometimes unavoidable, which might be the case if someone was threatening to hide property, be violent or take the child out of town. Apart from urgent problems like these, most family law issues can be resolved out of court.  
Lots of people think going to court is the only way to deal with these issues. Sometimes that’s true. For example, if someone is violent, is threatening to take the children out of town, or is hiding significant property.


People who can work together despite their separation can try to negotiate a settlement between them. If this won’t work, the most common options are:
But most family law problems can be resolved without going to court. In fact, both the provincial ''Family Law Act'' and the federal ''Divorce Act'' '''require''' people to try to resolve their disagreements out of court. Among the approaches available are '''mediation''', '''collaborative negotiation''', and '''arbitration'''.


*Mediation
{| class="wikitable"
*Collaborative settlement processes
|align="left"|'''Rule changes to help parties stay out of court'''
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/120_2020 Provincial Court Family Rules] that came into effect on May 17, 2021 focus on early resolution of family issues so that people don’t have to go to court. 
|}


==What is “mediation”?==
===What mediation involves===
In mediation, couples work together to identify and resolve the problems arising from the separation with the help of a neutral third party, a mediator. Usually the mediator is a lawyer or another trained professional. A lawyer mediator, called a Family Law Mediator, cannot provide independent legal advice to either party, but can provide some general information about family law and facilitate the settlement process.
In '''mediation''', the people in a conflict meet with a neutral person — a '''mediator''' — who helps them talk to each other and find a solution they agree on. Usually the mediator is a lawyer or another trained professional. A family lawyer who works as a mediator can also offer general information about family law.


The mediator will listen to what’s important to each party, ask for their opinions on the issues, and help them to come to their own solutions for the future. If parties have a child, the mediator will help them to make decisions that are in the child’s best interest. The mediator won’t make decisions for the parties; the mediator helps them to make their own decisions.
Without taking sides or giving legal advice, the mediator:


==How to prepare for mediation?==
* listens to what’s important to each of you,
Before hiring a mediator, each party may wish to get independent legal advice from a lawyer. The lawyer can give an idea about the range of potential outcomes, explain what to expect at the mediation and suggest what documents may be useful to take to the first mediation session.  
* gets input from both sides on the issues, and 
* helps you and your spouse come to your own decisions and find a way forward.  


==How much does mediation cost?==
If you and your ex have a child, the mediator will help you make decisions that are in the child’s best interests. The mediator can’t make any decisions themself; their goal is to help the two of you make decisions and reach an agreement about your family law problems on your own.
Mediation is usually less expensive than going to court with a lawyer. When parties first contact a mediator, the mediator will discuss the costs and the process. Mediators usually charge an hourly rate and people usually split the mediator’s costs between them.


==How long does mediation take?==
====Advantages of mediation====
Mediation meetings are normally two to six hours long. There is usually more than one meeting, depending on how many issues need to be resolved and how complicated those issues are. Sometimes the mediator will meet with one or each party separately. The mediator may also give parties extra tasks to be performed between meetings, usually to gather additional documents and information.  
Mediation is '''less expensive''' than going to court. You may be able to get free mediation help from a family justice counsellor (a specially trained government worker). Or you can contact a private mediator and ask about the cost and mediation process. Private mediators usually charge an hourly rate, and you and your ex will usually split the cost.


==Who prepares the agreement?==
Mediation can lead to a resolution '''faster''' than a court action. And it’s a '''more private''' process. Because it’s confidential, any proposals made during mediation can’t be used against you down the road or if you go to court.
When the mediator is a lawyer, the mediator will usually prepare a written document describing the settlement reached through mediation; the written document can be a written agreement or minutes of settlement. When the mediator is not a lawyer, a party’s lawyer will usually prepare the agreement. Regardless of who writes the agreement, each party needs to get an independent legal advice from a lawyer before they sign the agreement. It is very important to understand exactly what the agreement means and how it affects each party’s legal rights and obligations.


==What are “collaborative settlement processes”?==
====How long a mediation takes====
Collaborative settlement processes (also known as collaborative divorce law) are a kind of negotiation where the parties work with lawyers and agree that they will do everything possible to reach a settlement without going to court. The parties and the lawyers work together to find a settlement. Specialists like counsellors, child psychologists and financial experts may be used to help find a settlement. Collaborative processes are centered on the parties’ needs and their child’s needs. Communications are usually open and transparent. Usually, the parties and their lawyers will meet to discuss the issues and negotiate an agreement.  
Mediation meetings are normally two to six hours long. There may be more than one meeting, depending on how complex the family law problems are, and how many of them need to be resolved. Sometimes the mediator will meet with each of you separately. You may both be given extra tasks to do between meetings. These will usually include gathering additional documents and information.


==How long do collaborative processes take to resolve matters?==
====A written agreement====
More than one meeting will be required to come to an agreement on all issues. The number of meetings required will depend on how many issues need to be resolved and how complicated they are. Occasionally an agreement is reached after only one meeting between the parties and their lawyers.
At the end of a successful mediation, a mediator will sometimes prepare written '''minutes of settlement'''. These are notes, made during the mediation itself, that describe how you and your spouse settled your issues.


==Is an agreement reached through mediation or collaboration binding? ==
The mediator may or may not be a lawyer. When the mediator is a lawyer, remember that they are not ''your'' lawyer. But, they will sometimes prepare a more formal written document — called a separation agreement — ''after'' the mediation. It’s a record of how each issue was resolved. It also sets out the terms of the agreement you and your spouse made at the mediation.  
The agreement, if written, signed by both parties and the signature is witnessed by someone other than the parties, is a binding legal contract and can be enforced by the court.


==Can the agreement be changed?==
When the mediator ''is not'' a lawyer, one person’s lawyer will usually prepare the formal agreement. Regardless of who writes the agreement, you and your ex should get independent legal advice from separate lawyers. You should do this ''before'' you sign the agreement. This involves each of you meeting with your own lawyer (if you have one) to get legal advice about:
Separation agreements can only be changed if parties agree or if the court sets all or just part of the agreement aside. If parties agree to change the agreement or talk about changing the agreement, they can go back to mediation or a collaborative process to discuss the potential changes. Alternatively, they can go to court. Although the court will generally be reluctant to change an agreement that was fairly negotiated, the court may make an order on different terms if there was an important change in circumstances after the agreement was signed that was not expected when the agreement was negotiated.


==When is mediation or collaborative process not appropriate?==
* what the agreement means
While these are very good ways of resolving family law issues, they may not be appropriate if there has been family violence or child abuse, or if the other party won’t participate fairly during the process. To determine if either of these processes are best for your case, please consult a lawyer.
* what rights and obligations it gives to each of you
* how the agreement affects other legal options that might otherwise be available


==How to find a qualified and experienced mediator?==
{| class="wikitable"
|align="left"|'''Consider unbundling'''
The website [https://unbundlinglaw.peopleslawschool.ca/ Unbundled Legal Services] can help you find a lawyer who will review a draft of your agreement and give you independent legal advice '''before''' you sign it.
|}


*For a Family Law Mediator, phone the Lawyer Referral Service at 604.687.3221 in Vancouver or 1.800.663.1919 toll-free elsewhere in BC. A Family Law Mediator is especially useful if one of the family law issues is dividing up the assets and property.
===What collaborative negotiation involves===
'''Collaborative negotiation''', also known as “collaborative practice” or “collaborative family law,” is a kind of negotiation where you and your ex each have your own lawyer. You, your ex, and your lawyers agree to do everything possible to reach a settlement without going to court.  


*Call Family Mediation Canada at 1.877.362.2005 (toll-free) and ask for a list of the closest family mediators. Their website is www.fmc.ca.
In fact, it’s usually agreed in advance that if either of you start a court case, the lawyers will stop acting in the matter. If you want to continue with a lawyer, you’ll have to hire a new one.


*Contact the Mediate BC Society, which maintains a list of family mediators. Call 1.888.713.0433 or click on [http://www.fmc.ca/ www.mediatebc.com].
Collaborative negotiation is centered on the needs of you, your ex, and your children. The approach emphasizes the need for full disclosure, as well as a safe and respectful negotiation environment.


*Family Justice Counsellors may be able to help at no cost. Family Justice Counsellors typically help people with custody, access, guardianship or child support disputes in Provincial Court. Phone 604.660.2421 in the lower mainland, 250.387.6121 in Greater Victoria or toll-free 1.800.663.7867 elsewhere in BC, and ask to speak with a Family Justice Counsellor in the nearest Family Justice Centre. Also, see the Family Justice website at [http://www.justicebc.ca/en/fam/ www.justicebc.ca/en/fam/].
====How it works====
In collaborative negotiation, you and your ex meet, together with your lawyers, to work towards settling the issues. Your lawyer is your advocate and support through the negotiations. The number of meetings required will depend on how many issues need to be resolved and how complicated they are. Occasionally an agreement is reached after only one meeting.


==How to find a lawyer trained in collaborative settlement processes?==
Specialists such as counsellors, child psychologists, and financial experts may be used to help reach a settlement.


*Phone the Lawyer Referral Service at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in BC.  
When you and your ex reach an agreement on the legal problems, your lawyers will put the agreement in writing.


*Visit BC Collaborative Roster Society’s website at [http://www.bccollaborativerostersociety.com/ www.bccollaborativerostersociety.com] and search for collaborative lawyers or other collaborative professionals nearby.
===What arbitration involves===
In '''arbitration''', you and your ex hire a neutral person called a '''family law arbitrator'''. The arbitrator’s job is to listen to your evidence and your arguments, and make a decision resolving your legal problems, like a judge would.


*Visit Collaborative Divorce Vancouver’s website at [http://www.collaborativedivorcebc.org/ www.collaborativedivorcebc.org] for the name of a member lawyer, as well as for names of other collaborative professionals. All members of the association have received both collaborative family law and mediation training.  
Sometimes arbitrators will use arbitration and mediation together in a process called '''mediation-arbitration''' or '''med-arb''' for short. You and your ex will work with the arbitrator to decide about the rules that will apply in your arbitration, including whether you will also use mediation.  


*In the lower mainland, visit Collaborative Association’s website at [http://www.nocourt.net/ www.nocourt.net] for more information and list of professionals.
A family law arbitrator is especially useful when:


*In Victoria, call 250.704.2600 or go to [http://www.collaborativefamilylawgroup.com/ www.collaborativefamilylawgroup.com] for information on the Collaborative Family Law Group of Victoria and the name of a member lawyer.
* you and your ex need to have someone else make a decision for you, and
* court is too expensive or too stressful an option.


*In Kelowna and the Okanagan area, check the Okanagan Collaborative Family Law Group at [http://www.collaborativefamilylaw.ca/ www.collaborativefamilylaw.ca].
====How it works====
Before the arbitration, you and your ex will exchange documents about your family law problems. For example, you’ll have to exchange income tax returns if child or spousal support is in dispute.  


*In West Kootenays, call 1.866.926.1881 and visit [http://www.resolutionplace.ca/ www.resolutionplace.ca] or [http://www.nocourt.ca/ www.nocourt.ca] for more information on Resolution Place and the Collaborative Law Group of the Nelson.
At the arbitration hearing, the family law arbitrator — unlike a mediator or collaborative lawyer — acts like a judge. The arbitrator hears both sides, reviews the evidence, and then makes a decision. The arbitrator will give you their decision in writing.


*Also, check the [https://sites.google.com/view/bfur BC Family Law Unbundling Roster] for family lawyers and paralegals willing to perform discrete tasks for clients.
Like mediation and collaborative negotiation, arbitration can lead to a resolution '''faster''' than a court action. It’s also a '''more private''' process. And the result of an arbitration is a decision that’s just as binding and enforceable as a court order.


==What questions should parties ask the mediator or collaborative lawyer?==
==Common questions==
When parties have the names of some mediators or collaborative lawyers, they may want to ask each of them the following questions before deciding whom to hire:


*Does the person belong to any professional organizations for mediators or collaborative family law lawyers?
===When is mediation or collaborative negotiation not appropriate?===
Both approaches are very good ways of resolving family law issues. But mediation or collaborative negotiation aren’t appropriate in all cases. For example, they may not work well if there’s been family violence or child abuse. They also won’t work well if one party refuses to participate fairly in the process.


*Is the person a lawyer or a mental health professional?
===How can I find a mediator?===
It depends on what kind of mediator you are looking for.


*What kind of training has the person received, and how long have they practiced as a mediator or collaborative lawyer?
[https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/family-justice-counsellors Family justice counsellors] are trained mediators who may be able to help at no cost. They assist people with guardianship, parenting arrangements, contact, and child or spousal support disputes. At some Provincial (Family) Court locations, meeting with a family justice counsellor is one of the first steps in the court process. Phone 604-660-2421 in the Lower Mainland, 250-387-6121 in Victoria or toll-free 1-800-663-7867 elsewhere in BC. Ask to speak with a family justice counsellor at the nearest Family Justice Centre or Justice Access Centre. You can also [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice visit the BC government’s Family Justice website].


*What kinds of mediation or collaborative family law issues do they handle? (Some mediators, for example, may only deal with child custody and access disputes. Other only deal with financial and/or property issues.)
To find a private family law mediator, phone the '''Lawyer Referral Service''' at 604-687-3221 in Metro Vancouver or toll-free 1-800-663-1919 elsewhere in BC, or [https://www.accessprobono.ca/our-programs/lawyer-referral-service visit their website]. A private family law mediator is especially useful where the issues in dispute include how to divide up property and debts.


*How much will it cost?
'''Family Mediation Canada''' has a directory of some family mediators. Call toll-free 1-877-269-2970, or [https://www.fmc.ca/ visit their website].


'''Mediate BC''' keeps a list of family mediators in British Columbia. [http://www.mediatebc.com/ Visit mediatebc.com] or call toll-free 1-877-656-1300.


[updated May 2017]
Not all lawyers who are mediators are members of these groups.


'''The above was last reviewed for accuracy by Zahra H. Jimale.'''
===How can I find a collaborative lawyer?===
----
Phone the '''Lawyer Referral Service''' at 604-687-3221 in Metro Vancouver or 1-800-663-1919 elsewhere in BC, or [https://www.accessprobono.ca/our-programs/lawyer-referral-service visit their website].


Visit the '''BC Collaborative Roster Society’s''' [https://www.bccollaborativerostersociety.com/ website] or '''Collaborative Divorce Vancouver’s''' [http://www.collaborativedivorcebc.com/ website] for the names of member lawyers. Not all lawyers who are collaborative lawyers are members of these groups.
You can do an online search to see if there is a collaborative professional or group of professionals in your area.
===Can an agreement made after a mediation or collaborative process be changed?===
Yes, it can be changed in two ways:
* if both parties agree to change it, or 
* if a court sets the agreement aside.
If everyone wants to change the agreement, they can go back to mediation or collaborative negotiation. Or they can go to court. A court will generally not want to change an agreement that was fairly negotiated. But the court may make an order on different terms if there was an important, unexpected change in circumstances after the agreement was signed.
===How can I find an arbitrator?===
To find a family law arbitrator, phone the '''Lawyer Referral Service''' at 604-687-3221 in Metro Vancouver or toll-free 1-800-663-1919 elsewhere in BC, or [https://www.accessprobono.ca/our-programs/lawyer-referral-service visit their website].
The '''ADR Institute of British Columbia''' has a directory of some family law arbitrators. Call toll-free 1-877-332-2264 or [https://mbr.adric.ca/ADRBC/ADR_Connect/ADR_Connect_Search.aspx visit their website].
You can also check the '''Arbitrators Association of British Columbia''', which is an independent association of professional arbitrators and mediators. They too have a directory of arbitrators. Call 604-331-4454 or [https://www.labour-arbitrators.bc.ca/ visit their website].
Not all lawyers who are arbitrators are members of these groups.
===What questions should I ask the mediator, collaborative lawyer, or arbitrator?===
To help decide on a mediator, collaborative lawyer, or an arbitrator, you may want to meet with a few and ask some questions. Such as:
* Do they belong to any professional organizations for mediators, collaborative lawyers, or arbitrators?
* What kind of training have they received, and how long have they practiced as a mediator, collaborative lawyer, or arbitrator?
* What kinds of family law issues do they handle? (Some mediators, for example, may only deal with disagreements involving parenting arrangements — including parenting time — and contact. Others only deal with financial or property issues.)
* How much do they think the process will cost?
==Who can help==
===With more information===
The wikibook ''JP Boyd on Family Law'' explains how to resolve family law disputes out of court.
:[[Resolving_Family_Law_Problems_out_of_Court|Visit website]]
The '''Family Law in BC website''' from Legal Aid BC has information about mediation, collaborative lawyers, and arbitration.
:[https://family.legalaid.bc.ca/visit Visit website]
===Free and low-cost legal help===
Family justice counsellors in '''Family Justice Centres''' throughout BC can help with guardianship, parenting, child support, and related issues. Their services are free.
:Call 1-800-663-7867 (toll-free)
:[https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/family-justice-counsellors Visit website]
Also check '''Unbundling Legal Services''' at [http://unbundlinglaw.ca/ unbundlinglaw.ca] for family lawyers and paralegals open to being hired for discrete tasks on a family law matter.
Other options for legal help include legal aid, pro bono services, legal clinics, and advocates. [https://dialalaw.peopleslawschool.ca/free-and-low-cost-legal-help/ See our information on free and low-cost legal help].
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Latest revision as of 23:04, 6 November 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by JP Boyd KC, Boyd Arbitration Chambers; Tannis Baradziej, Duncan Allen Law LLP; and Manjeet Chana, People's Law School in August 2021.
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Going to court over a family law problem can be stressful, time consuming, and expensive. Learn how to use mediation, collaborative negotiation, or arbitration to resolve issues without going to court.

Alert!

This information has been updated to reflect changes to the Divorce Act that took effect on March 1, 2021, as well as new Provincial Court Family Rules that took effect on May 17, 2021.

What you should know

You don’t have to go to court

When spouses, partners or parents separate, they have to sort out their legal problems. These problems can include deciding how to divide property and debts and who gets to stay in the family home. They also have to figure out whether one of them will pay support to the other. If there are children, more family law problems need to be worked out, including where the children will live and how decisions about them will be made.

Lots of people think going to court is the only way to deal with these issues. Sometimes that’s true. For example, if someone is violent, is threatening to take the children out of town, or is hiding significant property.

But most family law problems can be resolved without going to court. In fact, both the provincial Family Law Act and the federal Divorce Act require people to try to resolve their disagreements out of court. Among the approaches available are mediation, collaborative negotiation, and arbitration.

Rule changes to help parties stay out of court

Provincial Court Family Rules that came into effect on May 17, 2021 focus on early resolution of family issues so that people don’t have to go to court.

What mediation involves

In mediation, the people in a conflict meet with a neutral person — a mediator — who helps them talk to each other and find a solution they agree on. Usually the mediator is a lawyer or another trained professional. A family lawyer who works as a mediator can also offer general information about family law.

Without taking sides or giving legal advice, the mediator:

  • listens to what’s important to each of you,
  • gets input from both sides on the issues, and
  • helps you and your spouse come to your own decisions and find a way forward.

If you and your ex have a child, the mediator will help you make decisions that are in the child’s best interests. The mediator can’t make any decisions themself; their goal is to help the two of you make decisions and reach an agreement about your family law problems on your own.

Advantages of mediation

Mediation is less expensive than going to court. You may be able to get free mediation help from a family justice counsellor (a specially trained government worker). Or you can contact a private mediator and ask about the cost and mediation process. Private mediators usually charge an hourly rate, and you and your ex will usually split the cost.

Mediation can lead to a resolution faster than a court action. And it’s a more private process. Because it’s confidential, any proposals made during mediation can’t be used against you down the road or if you go to court.

How long a mediation takes

Mediation meetings are normally two to six hours long. There may be more than one meeting, depending on how complex the family law problems are, and how many of them need to be resolved. Sometimes the mediator will meet with each of you separately. You may both be given extra tasks to do between meetings. These will usually include gathering additional documents and information.

A written agreement

At the end of a successful mediation, a mediator will sometimes prepare written minutes of settlement. These are notes, made during the mediation itself, that describe how you and your spouse settled your issues.

The mediator may or may not be a lawyer. When the mediator is a lawyer, remember that they are not your lawyer. But, they will sometimes prepare a more formal written document — called a separation agreement — after the mediation. It’s a record of how each issue was resolved. It also sets out the terms of the agreement you and your spouse made at the mediation.

When the mediator is not a lawyer, one person’s lawyer will usually prepare the formal agreement. Regardless of who writes the agreement, you and your ex should get independent legal advice from separate lawyers. You should do this before you sign the agreement. This involves each of you meeting with your own lawyer (if you have one) to get legal advice about:

  • what the agreement means
  • what rights and obligations it gives to each of you
  • how the agreement affects other legal options that might otherwise be available
Consider unbundling

The website Unbundled Legal Services can help you find a lawyer who will review a draft of your agreement and give you independent legal advice before you sign it.

What collaborative negotiation involves

Collaborative negotiation, also known as “collaborative practice” or “collaborative family law,” is a kind of negotiation where you and your ex each have your own lawyer. You, your ex, and your lawyers agree to do everything possible to reach a settlement without going to court.

In fact, it’s usually agreed in advance that if either of you start a court case, the lawyers will stop acting in the matter. If you want to continue with a lawyer, you’ll have to hire a new one.

Collaborative negotiation is centered on the needs of you, your ex, and your children. The approach emphasizes the need for full disclosure, as well as a safe and respectful negotiation environment.

How it works

In collaborative negotiation, you and your ex meet, together with your lawyers, to work towards settling the issues. Your lawyer is your advocate and support through the negotiations. The number of meetings required will depend on how many issues need to be resolved and how complicated they are. Occasionally an agreement is reached after only one meeting.

Specialists such as counsellors, child psychologists, and financial experts may be used to help reach a settlement.

When you and your ex reach an agreement on the legal problems, your lawyers will put the agreement in writing.

What arbitration involves

In arbitration, you and your ex hire a neutral person called a family law arbitrator. The arbitrator’s job is to listen to your evidence and your arguments, and make a decision resolving your legal problems, like a judge would.

Sometimes arbitrators will use arbitration and mediation together in a process called mediation-arbitration or med-arb for short. You and your ex will work with the arbitrator to decide about the rules that will apply in your arbitration, including whether you will also use mediation.

A family law arbitrator is especially useful when:

  • you and your ex need to have someone else make a decision for you, and
  • court is too expensive or too stressful an option.

How it works

Before the arbitration, you and your ex will exchange documents about your family law problems. For example, you’ll have to exchange income tax returns if child or spousal support is in dispute.

At the arbitration hearing, the family law arbitrator — unlike a mediator or collaborative lawyer — acts like a judge. The arbitrator hears both sides, reviews the evidence, and then makes a decision. The arbitrator will give you their decision in writing.

Like mediation and collaborative negotiation, arbitration can lead to a resolution faster than a court action. It’s also a more private process. And the result of an arbitration is a decision that’s just as binding and enforceable as a court order.

Common questions

When is mediation or collaborative negotiation not appropriate?

Both approaches are very good ways of resolving family law issues. But mediation or collaborative negotiation aren’t appropriate in all cases. For example, they may not work well if there’s been family violence or child abuse. They also won’t work well if one party refuses to participate fairly in the process.

How can I find a mediator?

It depends on what kind of mediator you are looking for.

Family justice counsellors are trained mediators who may be able to help at no cost. They assist people with guardianship, parenting arrangements, contact, and child or spousal support disputes. At some Provincial (Family) Court locations, meeting with a family justice counsellor is one of the first steps in the court process. Phone 604-660-2421 in the Lower Mainland, 250-387-6121 in Victoria or toll-free 1-800-663-7867 elsewhere in BC. Ask to speak with a family justice counsellor at the nearest Family Justice Centre or Justice Access Centre. You can also visit the BC government’s Family Justice website.

To find a private family law mediator, phone the Lawyer Referral Service at 604-687-3221 in Metro Vancouver or toll-free 1-800-663-1919 elsewhere in BC, or visit their website. A private family law mediator is especially useful where the issues in dispute include how to divide up property and debts.

Family Mediation Canada has a directory of some family mediators. Call toll-free 1-877-269-2970, or visit their website.

Mediate BC keeps a list of family mediators in British Columbia. Visit mediatebc.com or call toll-free 1-877-656-1300.

Not all lawyers who are mediators are members of these groups.

How can I find a collaborative lawyer?

Phone the Lawyer Referral Service at 604-687-3221 in Metro Vancouver or 1-800-663-1919 elsewhere in BC, or visit their website.

Visit the BC Collaborative Roster Society’s website or Collaborative Divorce Vancouver’s website for the names of member lawyers. Not all lawyers who are collaborative lawyers are members of these groups.

You can do an online search to see if there is a collaborative professional or group of professionals in your area.

Can an agreement made after a mediation or collaborative process be changed?

Yes, it can be changed in two ways:

  • if both parties agree to change it, or
  • if a court sets the agreement aside.

If everyone wants to change the agreement, they can go back to mediation or collaborative negotiation. Or they can go to court. A court will generally not want to change an agreement that was fairly negotiated. But the court may make an order on different terms if there was an important, unexpected change in circumstances after the agreement was signed.

How can I find an arbitrator?

To find a family law arbitrator, phone the Lawyer Referral Service at 604-687-3221 in Metro Vancouver or toll-free 1-800-663-1919 elsewhere in BC, or visit their website.

The ADR Institute of British Columbia has a directory of some family law arbitrators. Call toll-free 1-877-332-2264 or visit their website.

You can also check the Arbitrators Association of British Columbia, which is an independent association of professional arbitrators and mediators. They too have a directory of arbitrators. Call 604-331-4454 or visit their website.

Not all lawyers who are arbitrators are members of these groups.

What questions should I ask the mediator, collaborative lawyer, or arbitrator?

To help decide on a mediator, collaborative lawyer, or an arbitrator, you may want to meet with a few and ask some questions. Such as:

  • Do they belong to any professional organizations for mediators, collaborative lawyers, or arbitrators?
  • What kind of training have they received, and how long have they practiced as a mediator, collaborative lawyer, or arbitrator?
  • What kinds of family law issues do they handle? (Some mediators, for example, may only deal with disagreements involving parenting arrangements — including parenting time — and contact. Others only deal with financial or property issues.)
  • How much do they think the process will cost?

Who can help

With more information

The wikibook JP Boyd on Family Law explains how to resolve family law disputes out of court.

Visit website

The Family Law in BC website from Legal Aid BC has information about mediation, collaborative lawyers, and arbitration.

Visit website

Free and low-cost legal help

Family justice counsellors in Family Justice Centres throughout BC can help with guardianship, parenting, child support, and related issues. Their services are free.

Call 1-800-663-7867 (toll-free)
Visit website

Also check Unbundling Legal Services at unbundlinglaw.ca for family lawyers and paralegals open to being hired for discrete tasks on a family law matter.

Other options for legal help include legal aid, pro bono services, legal clinics, and advocates. See our information on free and low-cost legal help.

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Families & Children
Family Relationships
Divorce & Separation
Children
Resolving Family Disputes
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