Summary of program features
Family dispute resolution services and programs in Canada vary in several ways. The next sections summarize the key commonalities and differences among these programs. A comparison table that provides a high-level summary of key elements is provided in Appendix A. A supplementary document that provides more detailed information for each program or service that was collected through the interview process is available on request (rsd.drs@justice.gc.ca).
Note that varying levels of detail were provided during the interview process; this report presents results of the key commonalities and differences between services but has not attempted to document all detailed differences that may exist.
Program scope
A key aspect that impacts the access to justice provided by dispute resolution programs is their scope: who is eligible for service, the legal issues covered, and their geographic coverage.
Client eligibility
- Many programs are available to separating couples whether or not they have issues related to dependent children, however, six only serve parties who have a dependent child or child-related issues. Two programs are only available to parents with child support issues.
- All programs serve parents, and six also serve grandparents and/or others who are seeking guardianship of a child with respect to a divorce or separation.
- Programs offered by legal aid agencies require that one or both parties be financially eligible for legal aid.Footnote 3 Alberta’s Family Mediation program requires that one parent have a gross annual income of less than $60,000.
- Three programs are only available to parties involved in a court action, while most accept clients who do not have an active court case. Alberta’s Family Court Assistance is available only to self-represented litigants.
- Three programs require that at least one party reside in the program’s province or territory.
Issues covered
- Most programs assist their clients to resolve key parenting issues (e.g., parental responsibilities and decision-making, parenting plans) and guardianship.
- Most programs assist with child support; one program only addresses child support issues (Prince Edward Island’s Child Support Services Office).
- Most programs also address spousal support; four do not. Alberta’s King’s Bench Child Support Resolution Program addresses spousal support if the family also has a child support issue.
- Property division is addressed by five programs. Six other programs address minor property division or property division in a limited range of circumstances.
Geographic coverage
Nearly all programs offer services province- or territory-wide. Exceptions are:
- Alberta King’s Bench Child Support Resolution Program is available only in Calgary and Edmonton
- Ontario’s Family Mediation Service has mediators in 45 sites that serve surrounding areas
- Legal Aid Ontario offers mediation in 11 sites
Service delivery models
The service delivery models of the programs vary in the range of services provided, who provides services to parties, and the limits (usually the number of hours) to the service provided. Other aspects include the language and modes of service available, and whether user fees are in place.
Services provided, who provides the service, limits to the service
- Screening: Most programs and services provide an intake or initial meeting where the parties are screened for family violence issues. In Quebec, the Comité des organismes accréditeurs en mediation familiale (COAMF)’s Practice Standards Guide requires that mediators know two appropriate tools or means to recognize domestic violence.
- Dispute resolution services provided: Most programs provide mediation as the dispute resolution process; eight programs also provide shuttle mediationFootnote 4 where it is not appropriate for parties to participate in mediation together. The Nova Scotia Supreme Court Conciliation program and the Alberta Family Court Assistance program provide negotiation rather than mediation. The Alberta King’s Bench Child Support Resolution program provides a joint dispute resolution meeting. Prince Edward Island’s Child Support Services Office can work with parties separately in an attempt to have them enter into a consent agreement.
- Documentation of results: Most programs will draft consent orders, written agreements, a summary of the agreement, report to the court or Memoranda of Understanding to document agreements reached through dispute resolution.
- Service providers: Many programs employ mediators or lawyers to provide dispute resolution services, while two contract with external providers and four use a mix of employees and contracted service providers. Staff of Alberta’s Family Court Assistance program are primarily social workers. Québec Family Mediation program maintains a roster of accredited mediators and pays their invoices for service according to fee rates set by regulation but does not employ or contract with them directly. Nova Scotia’s ConciliationFootnote 5 through Supreme Court conciliators are court officers with a legal, social work or psychology background. Prince Edward Island’s Child Support Services Office staff have a degree in social sciences, business administration or a related field and experience drafting court documents.
- Limits to service: Programs differ in the number of dispute resolution service hours they will provide. Several programs have no formal limits, but staff may have the discretion to discontinue the service if progress is not being made. Others do limit dispute resolution hours, three programs provided a range of 1.5 to 5 hours of service and three provided between 9 to 12 hours. Often where there are time limits, there is some discretion to extend hours if progress is being made. Other service standards and service limits include:
- Manitoba’s Family Resolution Service has a best practice service standard to complete comprehensive co-mediation within 8-10 hours, or mediationFootnote 6 within 6-10 hours, but does not have a limit to service hours per se.
- Ontario Family Mediation and Information Services provides two hours of free on-site service; if an agreement has not been reached within two hours, the parties can choose to continue by way of off-site meditation, paying fees based on income and number of dependents.
- Legal Aid Manitoba’s fixed rate tariff provides between 3.1 and 42 hours for all dispute resolution and legal services required for a case; extensions may be granted in limited circumstances.
- Newfoundland and Labrador’s Family Justice Services has a service standard to complete service within 60 to 90 days from inception.
- Yukon’s Family Mediation Service has an expectation that files will be completed within three to six months.
Language and modes of service
- Most programs provide service in English. Accredited family mediators in Québec provide services in French, but many of them offer services in English as well as other languages. Five programs provide service in both English and French.
- Most programs either pay for interpreters for other languages or allow parties to bring their own interpreter.
- Most programs are provided in-person, by telephone and by video. Legal Aid Saskatchewan provides service primarily by video, with in-person or telephone service provided as an exception only. Nova Scotia’s Conciliation through Supreme Court provides service by telephone only. Prince Edward Island’s Child Focused Parenting Plan Mediation is primarily offered in-person; however, it can also be made available via telephone or video.
User fees
Most programs and services do not charge user fees. Exceptions are:
- Saskatchewan’s Dispute Resolution Office Family Mediation Program charges fees on a sliding scale based on income. Fees range from a flat fee of $200 to $1,700 for the first joint mediation session and a flat fee of $100 to $850 for subsequent sessions. The applicable fee is calculated based on the parties’ joint family income and split between the parties either proportionately or as they might agree to split otherwise. Fees can be waived or reduced if the fee is hindering access to the service.Footnote 7
- Ontario’s Family Mediation and Information Service provides two hours of free mediation at the courthouse on the day of the court hearing; if parties opt for off-site mediation and/or additional hours of service, a sliding scale fee based on family income and number of dependents applies.Footnote 8 Subsidized fees range from $5 to $105 per hour.
- Québec’s Family Mediation Program covers the fees of accredited family mediators for the number of free hours provided for in the Family Mediation RegulationFootnote 9; however, if they wish to continue mediation parents must pay the mediator for any additional hours at the rate provided for in the regulation. The program also allows mediators to charge an administration fee. The program does not pay mediator fees to modify an existing agreement for couples without children.
Connection to the court process
Many publicly-funded out-of-court dispute resolution programs provide service to parents who are not engaged in a court action (“voluntary” participation), though some do limit eligibility for service to those who are court-involved (see client eligibility above). In addition, some jurisdictions require participation in dispute resolution as a condition for accessing the court process; these requirements are usually set out in court rules or statutes. Often, both voluntary services and court mandated services are provided by the same program. Jurisdictions that require dispute resolution prior to or during the court process include:
- British Columbia: In two provincial court Early Resolution Registries, parties must complete a needs assessment and at least one consensual dispute resolution session unless exempt or where not appropriate, prior to making a court application. In three provincial court Family Justice Registries, parties must complete a needs assessment prior to their matter being scheduled for a first appearance. Family Justice Services Division provides assessment and consensual dispute resolution services, though parents may access private mediation to fulfill the Early Resolution Registry consensual dispute resolution requirement.
- Alberta: In most cases, prior to filing a court application that includes a request for child support or child support variation, parties are directed to attend a meeting with the King’s Bench Child Support Resolution program. Participation in the Family Court Assistance program is required in the provincial Calgary, Edmonton and Grande Prairie Courts of Justice (for self represented litigants only).
- Saskatchewan: Parties with family law matters that come to court in all judicial centres in Saskatchewan are required to attempt a family dispute resolution process at the close of pleadings before they may continue with any further court proceedings. As well, judges have the discretion to order families whose conflict continues to escalate to a minimum number of mandated dispute resolution sessions.
- Manitoba: In the Court of King’s Bench Family Division, parties must have met and attempted to resolve the issues in dispute before going to a Triage Conference at court unless a court order prohibits contact or communication between the parties. Some examples of dispute resolution are mediation, settlement meetings, or a four-way meeting between parties and their lawyers. The Manitoba Family Resolution Service provides comprehensive co-mediation and family mediation, and Manitoba Legal Aid provides four-way meetings.
- Ontario: Court action is not required to access the services; however, on-site mediation is a free mediation service available to parties on the day their matter is scheduled for court and off-site mediation is available at any time for a fee.
- Nova Scotia: In the Halifax and Cape Breton Supreme Courts, conciliation is a mandatory process for certain types of applications – often those dealing with child decision-making responsibility and parenting time or contact time, child support, and sometimes spousal support. In other locations, cases may be directed to the service.
While not required, participation in dispute resolution is strongly encouraged by Newfoundland and Labrador’s courts where there is the expectation that parties will attempt mediation where safe to do so. In Prince Edward Island, judges may order self-represented parties to work with the Child Support Services Office, but participation is not otherwise mandatory.
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