Why British Columbia Courts Encourage Families to Try Mediation

Disclaimer: This blog is provided for general informational purposes only and does not constitute legal advice. Readers should obtain advice from a qualified lawyer about their specific situation.

When a relationship breaks down, many people assume that going to court is the next step. However, British Columbia’s family law system is intentionally designed to encourage families to resolve disputes outside of court whenever appropriate.

This approach is reflected throughout the Family Law Act, Provincial Court Family Rules, and recent court initiatives focused on early dispute resolution.

Family Law Act: Resolution Outside of Court Is Preferred  (604) 395-8223

The Family Law Act specifically states that one of its purposes is to encourage parties to resolve family law disputes outside of court whenever possible.

Section 4 of the Family Law Act provides that the legislation is intended to:

• Encourage the resolution of family law disputes outside of court;
• Promote cooperative and child-focused decision-making;
• Reduce conflict between parties;
• Facilitate fair and efficient dispute resolution.

Source: Family Law Act, SBC 2011, c. 25, s. 4.

Family Dispute Resolution Professionals Must Discuss Mediation

The Family Law Act goes further than simply encouraging mediation.

Section 8(2) requires family dispute resolution professionals to discuss the advisability of various dispute resolution processes, including mediation, after assessing whether family violence may be present.

This reflects the legislature’s view that court should not always be the first option.

Source: Family Law Act, SBC 2011, c. 25, s. 8(2).

Courts Can Order Parties to Participate in Family Dispute Resolution

Many people are surprised to learn that the court itself may require parties to participate in family dispute resolution.

Under section 224(1)(a) of the Family Law Act, the court may order parties to participate in family dispute resolution where appropriate.

The court may also adjourn proceedings while parties attempt to resolve issues outside of court.

Source: Family Law Act, SBC 2011, c. 25, ss. 223–224.

Early Resolution Requirements Are Expanding Across BC

British Columbia has increasingly adopted Early Resolution Registries and Early Resolution Requirements.

Depending on the registry and the issues involved, parties may be required to:

• File a Notice to Resolve;
• Complete a Needs Assessment;
• Attend a Parenting Education Program;
• Explore mediation or other consensual dispute resolution options before appearing before a judge.

In April 2025, the Early Resolution Process expanded to additional registries, including New Westminster.

Source: Provincial Court Family Rules, Rule 10; Provincial Court of British Columbia announcements.

Why Courts Prefer Mediation

From a practical perspective, family courts face significant scheduling pressures and trial delays.

Mediation often allows families to resolve issues involving:

• Parenting arrangements;
• Child support;
• Spousal support;
• Property division;

without waiting months or years for a trial.

More importantly, mediation encourages cooperative problem-solving rather than adversarial litigation.

This aligns with the Family Law Act’s emphasis on reducing conflict and promoting the best interests of children.

Source: Family Law Act, SBC 2011, c. 25, Part 2 and Part 4.

The Best Interests of Children Remain Central

British Columbia family law places significant emphasis on the best interests of the child.

The Family Law Act requires that parenting arrangements and contact decisions be made only in accordance with a child’s best interests.

Because mediation can reduce conflict and improve communication between parents, courts often view it as a valuable tool in helping families create child-focused solutions. Source: Family Law Act, SBC 2011, c. 25, ss. 37 and 8(3).

Key Takeaway

Mediation is not simply a recommendation—it is embedded throughout British Columbia’s family law framework.

The Family Law Act encourages out-of-court resolution, family dispute resolution professionals are required to discuss it with clients, courts may order parties to participate in it, and many registries now require parties to explore it before proceeding through the court system.

For many families, mediation can reduce costs, shorten timelines, and help create practical, long-term solutions that litigation may not achieve.

Legal Sources

• Family Law Act, SBC 2011, c. 25, ss. 4, 8, 37, 223, 224
• Family Law Act Regulation, BC Reg 347/2012
• Provincial Court Family Rules, BC Reg 120/2020, Rule 10
• Early Resolution Registry Requirements (Provincial Court of British Columbia)
• Divorce Act, RSC 1985, c. 3 (2nd Supp), encouraging family dispute resolution where appropriate.