Common Questions

How can mediation help me with a separation (divorce) agreement?

Last reviewed December 2020 by the Clicklaw Editors

Many separating and divorcing couples choose to work together – sometimes with the help of a mediator. Mediation is a process for solving conflicts (disputes) without going to court. Some of the advantages to mediation are that it can often be cheaper, faster, and less adversarial. 

Good starting points include:

  • Legal Forms & Documents, from Legal Aid BC, has a section called "Agreement". It includes "Who can help you reach an agreement?", providing information about who can help you come to an agreement with your spouse about your family law issues. Includes descriptions of family justice counsellors, mediators, and collaborative family lawyers and links to how to find them.
  • JP Boyd on Family Law: Resolving Family Law Problems out of Court, from JP Boyd, QC, explains about the mediation process, which includes formalizing the settlement in a separation agreement. 
  • Mediation and Collaborative Practice, from People's Law School, tells you about who prepares the agreement in mediation and how it is binding.

See the related Common Question, "We are separating and want to cooperate about settling the finances".

Need more help?

  • Family Justice Centres, from the provincial government, has family justice counsellors who can help parents resolve disagreements without going to court. They provide short-term counselling, mediation, and referrals, but not legal advice.
  • Family LawLINE, from Legal Aid BC, provides legal advice about family law issues for low-income people.
  • Mediate BC has a list of qualified family mediators. Some mediators may offer services on a sliding scale or probono. Contact the mediator to enquire. 
  • Find more help near you on Clicklaw HelpMap. 
See our related common questions:
tags
mediation, divorce & separation, resolving disputes without going to court, alternative dispute resolution