Calgary, Alberta Family Law Mediation

Family law mediation in Alberta can take several different forms, including the following:

1. Non-Lawyer-Led Mediation

Sometimes called “old-school mediation,” this is where the parties hire a neutral individual with dispute-resolution training to help them reach an agreement in a co-operative, non-adversarial way that considers both parties’ wants, needs, and
interests.

Today, many family-law mediators are also lawyers (though they do not act as counsel for either party). The mediator assists the parties in identifying and resolving the legal issues in dispute, writes down the agreed-upon terms, and then each party takes that draft to their own lawyer to formalize it into a legally binding Separation Agreement.

2. Lawyer-Led Mediation (Collaborative Law)

This process is more accurately called Collaborative Law. Here, each spouse retains their own Registered Collaborative Family Lawyer, and the two lawyers work together — effectively as a team — to help the parties reach an agreement
while still providing legal advice to their respective clients.

As discussed in previous articles about mediation and arbitration in Alberta, the Collaborative Law process is founded on the following principles:

• honest and good-faith communication and exchange of information;
• the goal of creating shared solutions that take into account both parties’ interests; and
• the withdrawal of the lawyers (and any other professionals engaged, such as appraisers or business valuators) if either client takes an adversarial or positional approach or begins court proceedings.

The essence of Collaborative Law is a pledge by all participants — clients and lawyers alike — to negotiate respectfully and constructively to achieve a mutually acceptable resolution without going to court.

3. Judge-Led Mediation (Judicial Dispute Resolution)

In Alberta, this process is commonly referred to as Judicial Dispute Resolution (or JDR). A judge of the Alberta Court of Justice or the Court of King’s Bench meets informally with the parties (often with their lawyers present) to discuss the issues and attempt to facilitate settlement.

If the parties reach an agreement, it is usually formalized as a Consent Court Order.

In some cases, the parties may choose a Binding JDR, where — if no agreement is achieved — the judge is authorized to make a binding decision enforceable by court order. Binding JDR remains a popular option in Calgary for parties seeking resolution within the court system but without a full trial.

4. Mediation / Arbitration

This hybrid process, sometimes called Private Binding JDR, involves hiring a neutral third party — typically a senior family-law lawyer — to first attempt to mediate an agreement between the parties.

If mediation does not succeed, the same professional (acting now as an Arbitrator) is authorized under Alberta’s Arbitration Act, RSA 2000, c.A-43 to make a binding decision known as an Award, based on the law and the evidence presented during the process.

That Award can then be filed and enforced as a Judgment of the Court, and any future enforcement or clarification issues can usually be brought back to the same mediator-arbitrator for resolution.

At Shim Law, our family lawyers regularly assist clients with mediation-arbitration in Calgary and across Alberta — a flexible, private, and efficient way to reach closure without lengthy court proceedings.