Introduction:
Imagine two former partners. They once built a life or a business together, but now they’re fighting — over the house, the company, or parenting time with their child. What began as disagreement has turned into accusation, then litigation. Their
relationship is broken, their legal bills are growing, and the resolution feels no closer than when it all began.
Could things have gone differently? Yes — if they had tried to find common ground earlier.
In Alberta, that opportunity exists through mediation: a structured yet flexible process that helps people stop fighting, start listening, and craft solutions that work for both sides.
This article explains what mediation is, how it operates under Alberta law, and why it’s becoming one of the most effective alternatives to going to court.
Table of Contents
The Legal Context of Mediation in Alberta
Mediation in Alberta is not just a friendly conversation — it’s a recognized legal process embedded within the province’s justice system. Depending on the type of dispute, it can be mandatory, court-recommended, or initiated voluntarily by the
parties.
Civil claims. Under the Civil Claims Mediation Program of the Alberta Court of Justice, many cases are referred to mediation before a hearing is scheduled. It gives both sides a chance to settle without formal proceedings. Agreements reached in mediation can be submitted to the Court as a Consent Order, which carries the same legal weight as a judgment.
Family disputes. In family matters, courts encourage couples to attempt mediation before proceeding to trial. In some cases, parties must show they have tried alternative dispute resolution methods. Alberta Justice also funds a Family Mediation Program for eligible families with children under 18, covering part of the cost for lower-income households.
Labour and collective bargaining disputes. Under the Labour Relations Code (Alberta), mediation must occur before a strike or lockout can be declared. This helps employers and employees resolve deadlocks without the damage that open
conflict can cause.
Rules of Court. The Alberta Rules of Court expressly promote alternative dispute resolution. Under Rule 4.16(1), parties are expected to make a genuine effort to resolve disputes before trial. A judge can postpone a hearing if this hasn’t occurred.
Mediation agreements may also be submitted to the court for approval.
In short, mediation is not a “soft” or secondary process — it is an integral part of Alberta’s justice framework.
What the Mediation Process Looks Like
Mediation is structured but flexible. It creates a safe space for productive conversation and problem-solving.
Choosing a mediator. Parties may select a private, certified mediator (for example, through the ADR Institute of Alberta or Alberta Family Mediation Society) or use a government program. The key is mutual trust in the mediator’s neutrality.
Signing the mediation agreement. Before starting, both sides sign an agreement outlining confidentiality, payment terms, the mediator’s role, and ground rules for the process. This ensures privacy — what’s said in mediation cannot be used in court without consent.
Preparation and session. Each side identifies their key issues, collects relevant documents, and outlines what they hope to achieve. During the session, the mediator sets the tone, helps separate emotion from fact, and reframes positions into
interests.
Discussion and agreement. The conversation unfolds — together or separately — until common ground emerges. When the parties reach a resolution, it’s recorded in clear language and, if desired, reviewed by their lawyers or submitted to court for approval.
The duration varies. Some disputes resolve in a few hours; others take several sessions. But nearly always, mediation is faster, less expensive, and less draining than going to court.
Why People Choose Mediation
Court processes can escalate tension. Mediation takes a different approach — one based on dialogue and understanding rather than confrontation.
Faster and more affordable. Court cases can take months or years, involving extensive paperwork and high legal fees. Mediation typically concludes within a few sessions and costs significantly less. The Family Mediation Program even covers
part of the expense for eligible families. Sessions can be scheduled at mutually convenient times — you’re in control of the pace.
Control over the outcome. In court, a judge makes the decision. In mediation, you craft the solution. Because agreements are built collaboratively, people are more likely to follow through. For example, a parenting arrangement can include details
that no judge would decide — like ensuring a child transitions comfortably between two homes.
Privacy and confidentiality. Court proceedings are public; mediation is entirely private. Nothing said during mediation can be used later in court. This allows participants to speak honestly about finances, emotions, or future plans without fear.
For businesses, it also protects reputation and sensitive information.
Preserving relationships. Mediation reduces hostility and keeps open the possibility of cooperation — between co-parents, business partners, or colleagues — long after the dispute is resolved.
Flexibility. Mediation adapts to participants’ needs: in-person or online, joint or separate sessions, and the option to include translators, lawyers, or financial specialists. The process adjusts to fit the situation rather than forcing the situation to
fit the process.
Focus on interests, not positions. Courts decide who is right. Mediation explores why each party wants what they do. “I want the house” can become “I want my child to stay in their school.” That shift often opens up creative, workable solutions no one considered before.
Ultimately, mediation teaches a different kind of communication — respectful, forward-looking, and practical. It’s not about winning. It’s about moving forward.
When Mediation May Not Be Appropriate
Mediation depends on good faith, equality, and safety. Some situations require immediate legal or judicial intervention.
- Domestic violence or serious power imbalance. If one party feels unsafe or intimidated, mediation can be harmful rather than helpful. Alberta’s Family Mediation Program excludes cases involving violence or active safety risks.
- Urgent court action required. When child protection, property preservation, or personal safety is at stake, the court must act first. Mediation can take place later once the immediate danger has passed.
- Bad-faith participation. If one side hides information, delays intentionally, or refuses to engage honestly, the mediator may end the session and recommend formal legal steps.
- Issues requiring legal precedent. Some disputes — constitutional, corporate, or affecting third parties — demand a binding judicial interpretation that mediation cannot provide.
- Unequal resources or lack of support. When one party has far greater financial or emotional strength, legal representation becomes essential to ensure fairness.
Importantly, even if mediation fails at first, it can still succeed later. Once evidence is exchanged and emotions settle, many parties return to mediation and reach a settlement before trial.
What Really Happens in Mediation
People often imagine mediation as formal and intimidating — a table, papers, and legal jargon. In reality, it’s much more human. It’s a structured conversation guided by rules that ensure fairness and respect.
The process begins with introductions and ground rules. The mediator explains confidentiality and ensures both participants can speak openly. Each person then shares their story — what matters to them, what they hope will change. The mediator doesn’t decide who’s right. Their job is to lower the emotional temperature, ask clarifying questions, and help each side listen.
If tensions rise, the mediator may hold short private discussions with each participant to defuse emotion and refocus on solutions. Then comes the heart of the process — exploring options. Gradually, ideas take shape, and the first “yes, that could work for both of us” appears. When an agreement is reached, it’s written in plain language, reviewed if necessary by
counsel, and can be filed as a Consent Order.
Sometimes progress happens within hours; sometimes it takes several meetings. But in almost every case, mediation ends faster, with less hostility and a far greater sense of relief than any court judgment can provide.
How to Prepare and What to Keep in Mind
Mediation works best when people come not to fight, but to resolve.
- Be ready to listen as well as speak. Often, simply hearing what truly matters to the other person changes the entire conversation.
- Bring facts, not weapons. Prepare relevant documents, calculations, and timelines, but avoid turning them into ammunition. Mediation thrives on openness, not confrontation.
- Consider having your lawyer involved. Legal advice ensures that agreements are fair and enforceable, but your lawyer’s role is supportive — not combative.
- Choose the right mediator. Look for someone experienced, calm, and genuinely neutral — someone you both can trust.
- Take your time. Never sign an agreement you don’t fully understand or feel pressured about. Reflection is part of the process.
At Shim Law, we have seen countless cases where people who couldn’t speak to each other for years finally found resolution after a few hours in mediation. The turning point was rarely legal — it was human.
Conclusion
Mediation doesn’t promise easy answers, but it offers a human path forward. It ends the war of positions and returns control to the people who actually live with the outcome.
Many participants say the same thing when they leave: “For the first time, we really heard each other.” Sometimes, that moment of understanding is the true resolution.
A Note from Shim Law
Book a consultation with Peter Graburn, Certified Mediator and Senior Legal Counsel at Shim Law in Calgary. With over 35 years of legal experience, Peter has helped individuals and organizations across Alberta resolve disputes peacefully — efficiently, confidentially, and with respect for both sides.
Contact us today to discuss your situation and find out whether mediation could be your shortest path to a workable, lasting solution.
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