Some mediators, but not all, are also lawyers. Whether or not the mediator in a family law case is a lawyer, they should have special training about family dynamics and family law issues. Before hiring a mediator, ask about their training and qualifications.
Note that mediators are supposed to be neutral and can't provide legal advice, even if they're also a lawyer.
Private mediators charge for their services. But if you can resolve your issues using mediation, it's generally much less expensive than going to court. Family justice counsellors offer free mediation services to people with low incomes in certain cases.
How do I find a mediator
You can find mediators in several places:
- Mediate BC has a list of qualified family mediators and more information about mediation and how it works. Find out about their free monthly online clinics.
- Family Mediation Canada has information about qualified family mediators
- Family justice counsellors
- Lawyer Referral Service
- At the Richmond and Robson Square Provincial Courthouses, the judge may offer you up to four hours of free mediation if you qualify. See the eNews article on the Provincial Court of BC website.
Can I make my spouse attend mediation?
In most cases, mediation is voluntary. That is, both you and the other party have to agree to participate.
If you've started a case in Supreme Court, you can take steps to require your spouse to attend a mediation session. You do this by serving your spouse with a document called a Notice to Mediate. See Making mediation happen in a family law case in Supreme Court and Serve Supreme Court documents (for how to serve the document).
For more information on what mediators do, see the Attorney General's Family Justice page on mediators.