BC lawyers recognize that mediation can be valuable in a number of situations in helping their clients resolve disputes in a timely and economical way. Some lawyers serve as mediators to parties in a dispute and do not represent any party individually in that role.

The Law Society offers accreditation for lawyers who wish to become family law mediators. BC lawyers who are practising members of the Law Society may qualify to practise family law mediation and use the title “family law mediator’ by fulfilling requirements set by the Practice Standards Committee.

What is family law mediation?

In family law mediation, people have the opportunity, with the assistance of an impartial person (the family law mediator) to reach a consensual settlement of issues relating to their marriage, cohabitation, separation or divorce.

Appendix 2 of the Professional Conduct Handbook sets the definition of family law mediation and the responsibilities of mediators.

Among other things, a family law mediator may:

• inform the participants of the legal issues involved,
• advise the participants of a court's probable disposition of the issue,
• prepare any agreement between the participants other than a memorandum recording the results of the mediation,
• give any other legal advice.

How can a BC lawyer qualify as a family law mediator?

Under Rule 3-20, a lawyer may act as a family mediator only if the lawyer has

• engaged in the full-time practice of law for at least 3 years or the equivalent in part-time practice, and
• completed a course of study in family law mediation approved by the Practice Standards Committee.

The Practice Standards Committee has approved the following courses of study for qualification to act as a family law mediator:

1. Completion of the five-day Family Law Mediation course of the Continuing Legal Education Society of BC (prior to 2009); or

2. Completion of the Family Mediation Level I and Family Mediation Level II courses of the Continuing Legal Education Society of BC (starting 2009); or

3. Completion of the following:

(a) Mediation Level I at the Justice Institute, and

(b) any one of the following Family Dynamics courses held at the Justice Institute:

(i) CORR 605:  Family Violence

(ii) FAM 103:  Effects of Separation and Divorce on Adults

(iii) FAM 104:  Effects of Separation and Divorce on Children,

and

(c) Day V of the Family Law Mediation Course (prior to 2009), or the Law Society requirements day of Family Mediation Level II (starting 2009), each provided by the Continuing Legal Education Society of BC.

Under Rule 3-20(2) the Practice Standards Committee may allow a lawyer with special qualifications or experience to act as a family law mediator without the practice experience requirement.

Only a practising lawyer who has fulfilled these requirements is entitled to use the title “family law mediator” in BC.

For more information on family law mediation, contact the Practice Standards department.