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British Columbia Divorce FAQ, Vancouver Divorce Lawyer
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"Can I be forced to go to family mediation?" British Columbia introduced the new Notice to Mediate (Family) on November 1, 2007. For the time being, it applies only to Nanaimo. Once a family-law action is started in the Supreme Court and a Statement of Defense has been filed, either spouse may serve the other with a Notice to Mediate. If this happens, the spouses must select a mediator within fourteen days. If they cannot agree, there is a procedure to appoint a mediator from a pre-approved list of qualified mediators. The mediator who has the power to end the divorce mediation must hold separate pre-mediation meetings. The joint mediation meeting must take place within sixty days following the appointment of the mediator. If one spouse refuses to participate, the other spouse can ask the court to award costs against that spouse. Always keep in mind that although spouses can be forced to participate in a pre-mediation meeting and in one mediation meeting, no one can force an agreement on you. The resolution of each issue in dispute is always voluntary and up to both of you. Deborah Lynn Zutter practices collaborative family law and mediation in Vancouver, BC. She is a conflict-resolution trainer and frequent public speaker who has taught divorce mediation at the University of British Columbia, Faculty of Law. She can be reached at (604) 913-4399. View her Divorce Magazine profile. |
Note that answers given in this section cannot take the place of a divorce lawyer. For legal advice about your specific situation, you must consult a qualified BC divorce lawyer. See our 
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