In many British Columbia divorces, mediation is a voluntary process where spouses agree to sit down with a trained mediator to settle their main differences.
The divorce mediator tries to facilitate an agreement on disputed matters and, if successful, the mediation process helps to avoid litigation and keep things more amicable.
But how can you increase the chances of a successful divorce mediation outcome in B.C.
Here are what you can expect from mediation and some tips for a better chance of a favorable result from the process.
What is divorce mediation in British Columbia?
Divorce mediation is an alternative dispute resolution method to litigation, where a divorcing couple sits down with a professional, independent mediator to try to reach an agreement on the outstanding legal matters.
Mediation is an increasingly popular way to settle disputes in British Columbia, largely because it’s cheaper, quicker, and less adversarial than most other methods.
Mediation also has an excellent success rate with resolving key divorce matters, such as:
- Marital property division
- Spousal support
- Child custody and parenting
- Child support
Mediation is encouraged as a dispute resolution method under both B.C.’s Family Law Act and the federal Divorce Act.
If a positive outcome is reached during mediation, a document will be drafted reflecting the agreed financial or parenting provisions. This should be reviewed by each party’s family lawyer before being signed and made legally binding. Once signed, the agreement may be filed with the court if required.
Benefits of divorce mediation
The growing popularity of the mediation process in B.C. divorces is due to several major benefits, including:
- Matters are kept out of the courts.
- More amicable agreements (especially important for parents who must co-parent after divorce).
- Spouses (rather than judges) retain control over decision-making.
- Lower legal costs and fees.
- Fewer delays.
- Matters remain private and confidential rather than public.
- No “winner” or “loser” (as with litigation).
- More creative solutions can be sought (outside the legislation).
However, preparation and planning are required to fully realize these benefits.
How to prepare for successful divorce mediation in BC
Successful divorce mediation may require more than one session. Partners should agree on mutually acceptable dates with no other commitments or distractions, because rushing the process is never a good idea. You should also agree on who pays the mediation fees.
Then, start to prepare for the process properly.
Get legal advice before divorce mediation
Even though you may be attempting to resolve matters without litigation, seeking independent legal advice before sessions can help you understand your legal rights and obligations under B.C. law.
This should prevent you from making any unwise decisions and will also help you set realistic expectations during negotiations.
The mediator is not permitted to provide legal advice to either party but can explain the legal ramifications of decisions. Your family lawyer can usually accompany you to mediation if necessary.
Gather key financial information/documentation
You will likely be discussing important financial matters during divorce mediation in B.C. Be prepared by gathering the necessary information and documentation together beforehand and properly understanding its contents.
Full financial disclosure is required in B.C. divorces, so try to gather documents concerning the following:
- Income/earnings
- Investments, savings, and bank statements
- Pensions
- Businesses
- Ownership of other financial assets
- Debts or loan agreements
- Any legal agreements between you and your spouse
Clarify your main goals and priorities
Mediation is partly a negotiation process involving “give and take”. Being clear on your priorities (“must-haves”) and main goals (financial or family-related) from the start can help you approach mediation with the right mindset.
You may need to sacrifice some “nice-to-haves” to achieve your main goals. Be prepared for this possibility.
Best practices during the divorce mediation process
For the best chance of success during divorce mediation, follow the rules set forth by the mediator at the beginning of the process and pay attention to the following best practices:
- Always remain respectful: Your divorce mediator will manage communications and insist on maintaining mutual respect. Only one party should talk at a time and try to remain calm if emotive subjects are raised. Do not play the “blame game” or refer to the previous actions of the other party.
- Remain focused on the solutions: Keeping an open mind and remaining open to compromise will make solutions more likely, which should be the focus of sessions. One of the benefits of mediation is that creative solutions can be found outside of the rigid confines of legislation.
- Think long term/bigger picture: focus on the long-term financial/parenting outcomes and future stability (especially if there are children to consider) rather than winning battles against your ex.
- Spend as much time as required: Mediation may take several sessions, and if progress is being made, you should allow enough time for the process to work.
- Remember that the children come first: Prioritizing the children’s best interests is required by law.
When doesn’t divorce mediation work?
Mediation is not generally recommended when:
- There is a history of domestic violence in the relationship.
- One partner feels intimidated or threatened by the other.
- The level of conflict is too high and communication has broken down completely.
Sometimes, however, mediation may still be possible if separate meetings are organized and respective lawyers are present.
Divorce mediation is often the preferred choice because it can help keep spouses out of the courtroom. It allows agreement without a judge’s intervention—but the spouses’ respective lawyers should still check the agreement before they sign it to avoid unwanted legal ramifications.
Ultimately, the success of your mediation will depend on the skills and experience of your mediator, how closely you follow through on your commitment to the process, and how well you and your ex-spouse cooperate.
Best practices during the divorce mediation process
Spouses should agree on the appropriate divorce mediator to appoint. When choosing your divorce mediator, look for:
- Extensive family law experience.
- Mediation training and accreditation.
- Strict neutrality.
- Experience specifically with B.C. divorces.
Mediators in B.C. are often lawyers but not necessarily so. If you appoint a lawyer-mediator, ensure neutrality by confirming that there are no prior personal or business ties to either party.
For a free 30-minute consultation about your legal options, contact the team at Legalbird today.
Date Modified:
- February 24, 2026
Benti Atwal
Family Law Expertise You Can Trust
Benti K. Atwal is a British Columbia family law lawyer who focuses on separation, divorce, parenting disputes, child support, spousal support, and property division. She takes a client-centered, trauma-informed approach, understanding that family law matters involve both complex legal issues and significant personal impact. Benti represents clients through negotiation, mediation, and court proceedings, advocating firmly when litigation is necessary while encouraging resolution where possible.
Her practice includes parenting arrangements, parenting time, parental responsibilities, guardianship, Section 7 expenses, support claims, and the division of family property and debt. She also assists with separation agreements, prenuptial agreements, and cohabitation agreements under British Columbia law. Benti speaks fluent Punjabi and conversational French and Gujarati, allowing her to serve a diverse range of families across BC with clarity and cultural sensitivity.
