Not every divorce or family law dispute needs to end up in court.
For many separating couples, divorce and family mediation offers a faster, more affordable, and less adversarial way to resolve legal issues—while keeping control over the outcome.
This page explains:
- What divorce mediation is
- How the mediation process works
- What issues can be mediated
- Mediation vs litigation
- Whether you need a lawyer during mediation
- When mediation is (and is not) appropriate
What Is Divorce & Family Mediation?
Divorce and family mediation is a form of alternative dispute resolution that allows separating spouses to resolve legal issues outside of court, with the help of a neutral third-party mediator.
In mediation:
- The mediator does not take sides
- The mediator does not make decisions
- The spouses remain in control of the outcome
- The goal is a voluntary, informed agreement
Family mediators are trained to manage both the legal and emotional aspects of separation, helping couples communicate productively during a difficult time.
Lawyers in Alberta have a professional obligation to advise clients about alternatives to court, including mediation. Speak to a mediator by filling in the form below, or keep reading:
Important Update: The Family Focused Protocol in Alberta
In Alberta, parents involved in separation or divorce are expected to approach parenting disputes in a way that minimizes conflict and prioritizes the children’s wellbeing. This approach is reflected in the Family Focused Protocol, which applies to parenting matters in the Alberta courts.
The Family Focused Protocol is not a single document or form. Rather, it is a guiding framework used by the Court to ensure that parenting disputes are handled in a manner that reduces hostility, encourages cooperation, and keeps children out of the middle of adult conflict. Judges, lawyers, mediators, and parenting experts all operate within this framework when dealing with parenting and decision-making issues.
At its core, the Protocol recognizes a simple reality: high parental conflict harms children, and court processes should not unnecessarily escalate that conflict.
What the Family Focused Protocol Requires of Parents
Under the Family Focused Protocol, parents are expected to conduct themselves in a way that supports their children’s emotional, psychological, and physical wellbeing throughout the separation process. This includes communicating respectfully, avoiding unnecessary litigation, and making reasonable efforts to resolve parenting issues without court intervention where possible.
Parents are also expected to remain child-focused rather than outcome-focused. The emphasis is not on “winning” parenting time or decision-making authority, but on creating parenting arrangements that are workable, stable, and in the children’s best interests over the long term.
The Protocol discourages behaviours such as using children as messengers, exposing them to adult disputes, or leveraging parenting issues for strategic or financial advantage. Courts take these expectations seriously, and a parent’s failure to act in a child-focused manner can negatively impact their case.
How the Family Focused Protocol Encourages Mediation
One of the central goals of the Family Focused Protocol is to reduce the need for adversarial court proceedings in parenting cases. As a result, the courts routinely encourage— and in some cases expect—parents to attempt mediation or other forms of dispute resolution before seeking judicial intervention.
Mediation aligns closely with the principles of the Protocol. It provides a structured environment in which parents can address parenting schedules, decision-making responsibilities, communication issues, and child-related expenses without escalating conflict. Unlike court, mediation allows parents to speak directly, explain concerns, and craft solutions that reflect their children’s specific needs rather than relying on standardized court orders.
In many cases, judges will ask whether mediation has been attempted before proceeding with contested parenting applications. Parents who make reasonable efforts to resolve issues through mediation are often viewed more favourably than those who rush to court without exploring alternatives.
Family Focused Mediation vs Court Litigation
From a practical standpoint, mediation conducted within the Family Focused Protocol is very different from litigation.
Court proceedings tend to be rigid, slow, and adversarial. Affidavits focus on past grievances, and hearings are often limited in time, requiring judges to make decisions based on incomplete information. This can result in orders that are technically correct but difficult to implement in real life.
Family-focused mediation, by contrast, emphasizes forward-looking problem solving. The process allows parents to discuss not only where children will live, but how decisions will be made, how information will be shared, how transitions will occur, and how future disagreements will be handled. This often results in more durable parenting arrangements and fewer return trips to court.
When the Family Focused Protocol May Not Apply
While the Family Focused Protocol encourages cooperation, it is not applied blindly. There are circumstances where mediation or cooperative processes are not appropriate, including cases involving family violence, coercive control, serious power imbalances, or safety concerns.
In those situations, the court’s priority shifts to protection and safety rather than collaboration. A qualified mediator or family lawyer can help assess whether mediation is appropriate in your specific circumstances and, if not, what alternative steps should be taken.
Why the Family Focused Protocol Matters for Your Case
Parents are often surprised to learn that how they conduct themselves during a separation can be just as important as the specific parenting schedule they are seeking. Courts regularly consider whether a parent has acted reasonably, encouraged the child’s relationship with the other parent, and attempted to resolve disputes in a child-focused manner.
Participating in mediation consistent with the Family Focused Protocol demonstrates to the court that you are focused on your children’s best interests and are willing to work constructively toward a resolution. Even where mediation does not resolve every issue, it often narrows the scope of disputes and reduces the emotional and financial cost of litigation.
Family Focused Mediation at Morrison LLP
At Morrison LLP, our mediators are trained to work within the Family Focused Protocol and understand how mediation fits into the broader Alberta family justice system. We help parents resolve parenting disputes in a way that is respectful, practical, and aligned with court expectations—while always keeping the children’s wellbeing at the centre of the process.
If you are facing a parenting dispute and want to understand whether mediation is appropriate under the Family Focused Protocol, we invite you to contact our office to discuss your situation.
Divorce Mediation at Morrison LLP
At Morrison LLP, our mediators are Practicing Mediators with the Alberta Family Mediation Society and are also experienced family lawyers.
This means our mediators:
- Understand Alberta family law and court outcomes
- Can reality-check proposals for legality and enforceability
- Help avoid agreements that would later unravel
- Are experienced with emotionally charged and high-conflict situations
Family mediation typically focuses on four core legal issues:
- Parenting
- Child support
- Spousal support
- Division of family property
Mediation vs Litigation: What’s the Difference?
| Mediation | Court (Litigation) |
|---|---|
| Private & confidential | Public court record |
| Spouses control outcome | Judge decides |
| Faster (weeks/months) | Often years |
| Lower cost | High legal fees |
| Cooperative | Adversarial |
| Flexible solutions | Limited remedies |
For many families, mediation is the healthier and more cost-effective first step.
Benefits of Divorce & Family Mediation
Mediation Is Cheaper
Spouses share the mediator’s cost. Many cases resolve in 1–3 sessions.
Mediation Is Faster
Court delays are measured in months or years. Mediation can begin within weeks.
Mediation Is Less Stressful
No courtroom, no testimony, no cross-examination.
Mediation Protects Privacy
Court files are public. Mediation is confidential.
Mediation Is Flexible
Custom solutions that reflect real life—not cookie-cutter orders.
Mediation Works
People are more likely to follow agreements they helped create.
Do I Need a Lawyer During Divorce Mediation?
You are not required to have a lawyer present during mediation—but legal advice is often very helpful.
Many people choose a hybrid approach:
- Mediate without lawyers present
- Consult a lawyer between sessions
- Obtain independent legal advice before signing any agreement
You must obtain independent legal advice for agreements dealing with family property to ensure enforceability.
When Is Mediation Not Appropriate?
Mediation may not be suitable where:
- There is family violence or coercive control
- There is a severe power imbalance
- One spouse refuses disclosure
- One spouse is intent on delay or sabotage
In such cases, court intervention may be necessary. Although the new Family Focused Protocol directs that all people must attend some form of outside of court dispute resolution, you may be able to get a waiver of this in the above cases.
The Divorce Mediation Process
Step 1: Initial Consultation
The first step is to get in touch with a mediator, and see if they are a good fit for your legal issue. Everyone is unique, and some mediators will be able to help you more than others: sometimes you need a strong voice in the room, whereas sometimes you just need a mediator who can nudge you in the right direction. Typically, the mediator will want to meet with both spouses together, in person, before agreeing to mediate the dispute.
📞 Call 587-758-1099 to speak with a Practicing Mediator at Morrison LLP.
Step 2: Exchange Financial Information
Income, assets, debts, and relevant documents are exchanged.
Step 3: Mediation Sessions
Typically, you will need to book a minimum of two mediation sessions. This will allow the mediator time to understand the personalities of the spouses, and how best to approach the situation. Usually, we start with the least complicated issues on the first session, so that we can build momentum. Once everyone understands the process, we tackle the big issues. Sometimes spouses may require more sessions to reach an agreement, and that is OK. This is a flexible process designed to meet the needs of the separating spouses.
Step 4: Mediated Agreement
The mediator will typically prepare an Agreement for the spouses to sign. Depending upon the legal issues involved, the spouses may need to see a lawyer for independent legal advice before the Agreement becomes binding.
Step 5: Implementation
Most people have no problem following the terms of a mediated agreement—they made it themselves, after all. In this step, the spouses will need to do things like transfer any properties, close bank accounts, or register their agreement with Maintenance Enforcement. It will depend upon the situation.
If one of the spouses fails to follow the Agreement, then the matter may need to go to court to have it enforced. Typically, the Agreement will contain a paragraph which states that the spouse who breaches the Agreement will need to pay the legal fees of the other spouse.
Issues Commonly Resolved Through Divorce Mediation
1. Parenting (Decision-Making & Parenting Time)
Parenting is often the most emotionally difficult issue in a separation.
Mediation helps parents move away from conflict and toward child-focused solutions that prioritize stability and long-term cooperation.
Decision-Making Responsibility
Decision-making refers to major decisions about a child’s:
- Health care
- Education
- Religion and cultural upbringing
- Language
- With whom the child will associate etc.
In Alberta, parents often share decision-making for major issues, while each parent controls day-to-day decisions during their parenting time.
Parenting Time
Parenting time refers to when the child is physically with each parent.
Common arrangements include:
- Primary parenting (one parent over 60%)
- Shared parenting (each parent over 40%)
Mediators help parents design schedules that work in real life—not just on paper.
Parenting Mediation: A Closer Look
Parenting-only mediation is increasingly common.
Some couples resolve parenting issues first—before addressing finances—to:
- Reduce conflict early
- Create stability for children
- Build trust in the mediation process
Parenting mediation can address:
- Regular schedules
- Holidays and vacations
- School choice
- Communication rules
- Introduction of new partners
- Relocation issues
Courts strongly favour parents who attempt to resolve parenting issues cooperatively.
Best Interests of the Children
Any parenting agreement must reflect the best interests of the children.
Section 16(3) of the Divorce Act lists factors including:
- The child’s need for stability
- Strength of relationships with parents and others
- Each parent’s willingness to support the child’s relationship with the other parent
- History of care
- Child’s views (where appropriate)
- Cultural and religious heritage
- Any family violence and its impact
Your mediator helps focus discussion on the factors that matter most in your case.
2. Child Support
Child support is usually one of the most legally straightforward issues in mediation, as the amount of support is determined with reference to the Federal Child Support Guidelines.
Key principles:
- All parents must support their children
- Child support is the right of the child
- Parents cannot waive child support.
There are two “types” of child support:
1 – Base (Section 3) Child Support
This is the “basic” amount of child support. Typically, it is paid monthly. It covers the child’s “fixed” expenses like food, clothing, shelter, and small incidental expenses like toothpaste or toys. The amount of monthly child support depends upon the payor parent’s income. Revenue Canada provides an online child support calculator which makes it easy for parents to see how much they may be obligated to pay. In cases where parents share parenting, the courts may set-off the parent’s child support obligations so that the overall payment is less.
2 – Extraordinary (Section 7) Child Support
This covers “special or extraordinary” expenses, which typically include:
- Childcare expenses (daycare).
- The child’s medical or dental insurance premiums.
- Healthcare expenses, like braces, prescription drugs, or glasses.
- Extra school expenses, for example, the additional costs of a special German-language program.
- College or university tuition.
- Extracurricular expenses, like hockey registration fees or ballet lessons.
The amount that each parent contributes to a special expenses is based on their proportional incomes. For example, if one parent earns $60,000 annually and the other earns $40,000 annually, then together they would earn $100,000. Therefore, the first parent would pay for 60% of the expenses, while the other would pay for 40% of the expenses.
Section 7 expenses are usually shared proportionally to income. For example, if one parent earns $60,000 annually and the other earns $40,000 annually, then together they would earn $100,000. Therefore, the first parent would pay for 60% of the expenses, while the other would pay for 40% of the expenses.
Child support orders and agreements are eligible to be automatically enforced by the Alberta Maintenance Enforcement Program, provided that a clause specifically allows for this. In this case, MEP will handle all collections actions if the payor refuses to pay.
3. Spousal Support (Alimony)
Spousal support is not automatic.
A spouse must establish entitlement, which may be:
- Compensatory (career sacrifice)
- Non-compensatory / needs-based
- Contractual (from a prior agreement)
Once entitlement exists, mediation helps determine:
- Quantum (amount)
- Duration (length of time)
Mediated solutions often preserve dignity and reduce resentment compared to court-imposed orders.
4. Division of Family Property
The default rule in Alberta is equal division (50/50) of family property.
Family property includes:
- Assets and debts
- Joint and individual property
- Homes, pensions, RRSPs, investments, businesses
Certain property may be exempt, including:
- Gifts from third parties
- Inheritances
- Pre-marriage property
- Certain personal injury awards
- Certain insurance proceeds
Mediation allows spouses to:
- Address exemptions practically
- Avoid forced sales
- Create tailored solutions a court may not order
Frequently Asked Questions About Divorce Mediation
Is mediation mandatory in Alberta?
Not strictly, but courts strongly encourage it.
Can mediation work if we don’t get along?
Yes. Many successful mediations involve high conflict.
What if mediation fails?
You can still go to court. Nothing said in mediation is binding unless agreed.
Can mediation be used after court has started?
Yes. Many cases settle through mediation after litigation begins.
Is mediation confidential?
Yes, subject to limited legal exceptions.
Speak With an Edmonton Divorce Mediator
If you are separating or divorcing and want to resolve matters efficiently—without unnecessary court battles—mediation may be the right first step.
At Morrison LLP, our Practicing Mediators help clients:
- Resolve parenting, support, and property issues
- Reduce conflict and legal costs
- Reach durable, legally sound agreements
📞 587-758-1099
🕒 First 30 minutes free
We proudly serve Edmonton and communities throughout northern Alberta, including Sherwood Park, St. Albert, Fort McMurray, Leduc, Spruce Grove, Camrose, Cold Lake, and surrounding areas.
