Mediation policies and guidelines

Mediation is voluntary:

Fairness of the mediation process requires that both courts and mediators protect the parties' right and ability to make free and informed choices about whether and how they would like to settle the issues between them. Mediation can only begin if you and your spouse agree to it, and it can only continue if you want it to. If at any time you feel that mediation is not working, you are free to stop. Mediation services are strictly voluntary. Clients must understand that a decision not to participate in mediation will have no impact on their legal rights or options.

If you are in court, and have not yet tried mediation, the judge may suggest that you and your spouse see a mediator before coming back to court.

Top

Cost of mediation:

• A sliding fee scale, required by the Attorney General, is used to determine how much each participant will pay based on their income and number of dependents.
• Fees range from $2.00 to $118.00 per person/hour.
• There is a time limit of seven hours.
• There is no fee for on-site mediation. You can meet with the mediator through the Family Law Information Centre (FLIC) at the courthouse to mediate custody, access and child support issues before the court that day. The mediator is also available to provide information about mediation and arrange intake interviews. To reach the on-site mediator, visit FLIC and speak to the information resource coordinator.

Top

Open/closed mediation and confidentiality:

Conversations with your mediator are private. As a matter of professional ethics, mediators will not discuss details of these conversations with anyone else. Mediation services can be open or closed.

In "open mediation", the mediator writes a limited report on what happened during mediation and can include any factual information that she or he thinks is important. In "closed mediation", the mediator's report will only say what agreement you reached (subject to further legal advice) or that you did not reach an agreement.

• Both open and closed mediation are offered;
• Participants must decide whether mediation will be open or closed before mediation begins;
• Mediation is closed unless otherwise agreed;
• Communications and records are confidential;
• Neither mediator nor mediation records can be subpoenaed.

Top

Open mediation report:

• Only includes:
  • Statement of appointments attended;
  • Summary of agreement reached;
  • Factual information considered relevant by Mediator.
• No recommendations are included.
• No opinions or evaluative comments are included.