Since January 2, 2026, most separating couples in Calgary cannot ask a judge to decide anything until they have already tried to settle it out of court. The Court of King’s Bench calls this the Family Focused Protocol, and mediation is the most common way people satisfy it.
That changes the question. It is no longer whether you should try mediation. It is how to walk in prepared, so the process actually resolves something instead of becoming an expensive box to tick before you file.
Shim Law acts for clients on both sides of that line. We prepare you for mediation and attend with you, and when you reach an agreement we turn it into a binding, enforceable order. If mediation does not resolve everything, we take what is left into the Court of King’s Bench process without you having to start over with a new firm.
Alberta now requires mediation before you can go to court
Under the Family Focused Protocol, a family entering the Court of King’s Bench is assigned a Mandatory Intake Triage justice. That same justice stays with the file through settlement or trial. Before you get there, you have to complete four pre-court requirements.
- The Parenting After Separation course, if there are children under 18 affected by the proceeding. The certificate expires after two years, so if you took it during an earlier separation you will likely need to take it again.
- An alternative dispute resolution process, which for most families means mediation.
- Full financial disclosure, exchanged with the other party.
- A meeting with a Family Court Counsellor, if you are self-represented and have dependent children. This one does not apply if you have a lawyer.
Two details in the ADR requirement catch people out.
The mediation has to happen within six months before you file. Mediation you attended two years ago does not count. If your file goes quiet for a while and then reactivates, you may have to mediate again.
Your financial disclosure has to be complete before you mediate. If it was not, the court may find the ADR requirement was not met, even though you sat through the session. It is also the single biggest reason mediations fail on their merits: you cannot negotiate a support number or a property split against figures nobody has verified. This is why financial disclosure in divorce proceedings is not a formality, and why it is worth knowing what financial documentation a property division case needs before you book anything.
There is one more limit worth knowing. Your court application cannot ask for relief on an issue that was never raised in the mediation, unless the court gives you permission. If spousal support might become an issue, put it on the table in mediation even if you are not ready to resolve it. The full rules are set out in the Court of King’s Bench Notice to the Profession on family pre-court mandatory requirements.
When the mediation requirement does not apply
The pre-court requirements do not attach to every family filing. They do not apply to:
- applications for protection orders
- applications approved to proceed as urgent
- statements of claim for divorce, joint statements of claim, and requests for divorce without oral evidence, which is the route most uncontested divorces in Alberta take
- statements of claim for family property division or unjust enrichment
- notices to disclose brought as desk applications, service orders, and consent orders
- appeals from the Alberta Court of Justice
- interjurisdictional applications where one party lives outside Alberta
If you and your spouse already agree on everything, this list matters. A genuinely uncontested divorce can proceed without mediation. It is the contested interim relief, the parenting dispute, the support fight, that triggers the requirement.
How to get a waiver or a deferral
You can apply to have a mandatory requirement waived or deferred. Grounds the court has accepted include:
- a risk of severe economic harm to a party or to the children
- the other party refuses to participate, or cannot be located
- an existing order prohibiting contact between you, such as an Emergency Protection Order
- any other circumstance a justice considers sufficient
A waiver request is its own application, and it is one of the more common reasons an intake package gets rejected and sent back. If you think a waiver applies to you, deal with it before you assemble the rest of your filing, not after.
What divorce mediation actually looks like
- Intake and screening. The mediator speaks with each of you separately. They are listening for what you want resolved, whether you have the information you need, and whether there are safety concerns. A mediator can decline to proceed if mediation is not appropriate.
- Disclosure exchange. Income, assets, debts, pensions, business interests. Both of you complete the province’s Financial Disclosure Statement. Nothing productive happens before this step.
- The session. Usually two to three hours. Most families need one or two sessions. Complex property or a high-conflict parenting dispute can take more.
- The mediation summary. The mediator writes down what you agreed. Read the next section carefully, because this document is not what most people assume it is.
- Legal review. Each of you takes the summary to your own lawyer. This is where gaps get found: the pension nobody valued, the tax consequence of who claims the children, the clause that will not survive contact with a judge.
- Formalisation. The agreement becomes a separation agreement or a consent order, or both.
If you want a fuller walkthrough before your first session, read top things to know before going through divorce mediation and choosing mediation for dispute resolution.
What you can settle, and what you cannot
Mediation can resolve almost every practical question in a separation:
- parenting time and decision-making responsibility, including a written parenting plan
- child support, including section 7 special and extraordinary expenses such as orthodontics, daycare, and sports
- spousal support, amount and duration
- division of family property, the matrimonial home, pensions, and debts
- communication protocols, holiday schedules, and how you will handle a future relocation
Mediation cannot do three things. It cannot grant your divorce, which is a court order. The mediator cannot give either of you legal advice, and cannot tell you whether a deal is fair. And a mediator cannot impose an outcome. If one of you will not move, mediation ends without an agreement on that issue.
Before you decide the process, it helps to be clear on the difference between separation and divorce in Calgary, because the two run on different timelines and only one of them needs a judge.
The free provincial program compared with a private mediator
Alberta runs a free Family Mediation Program. Many Calgary families qualify and do not realise it. You are eligible if all of the following are true:
- you are separating or divorcing and have a dispute
- one parent has a gross income of $60,000 or less per year
- both people agree to participate
- there is at least one dependent child, either under 18 or over 18 and still eligible for child support
Sessions run two to three hours and most families need one or two. In Calgary the program operates out of Suite 706-S at the Calgary Courts Centre, 601 5 Street SW.
One point on that program deserves emphasis, because it is where a lot of people lose ground: the mediation summary the mediator sends you is expressly not legally binding. It records what you agreed. It does not oblige anyone to do it. If your ex changes their mind in six weeks, that document alone will not help you.
If you do not qualify, or if the other party will not take part, you can retain a private mediator. The Alberta Family Mediation Society directory lists qualified practitioners who set their own fees. Alberta’s Family Resolution Hub is also a useful place to map out your options before you commit to a process.
The step almost everyone underestimates
Reaching agreement is the visible achievement. Making it enforceable is the one that matters two years from now.
A handshake in a mediation room, and even a signed mediation summary, is not an order. To be enforceable, what you agreed has to become a properly drafted separation agreement with independent legal advice on both sides, or a consent order filed with the court, or both.
Agreements that fall apart usually fail in predictable ways. Support figures calculated on the wrong income. Property divided without valuing a pension or a private company. Parenting language so vague that both parents can read it their own way. A separation agreement signed without independent legal advice, which is one of the first things a court will look at if the agreement is later challenged.
Related reading: do you need a separation agreement before divorce in Alberta, and does a separation agreement need to be notarized in Alberta.
Circumstances change, and so can the agreement. Parenting arrangements and support can be varied when incomes shift, a child’s needs change, or someone moves. See how to change a parenting agreement in Alberta.
What divorce mediation costs in Calgary
The provincial program is free for families who qualify. Private mediators in Calgary charge an hourly rate and generally split it between the parties, and a two to three hour session with preparation is a fraction of what a single contested chambers application costs once both sides have paid counsel to prepare affidavits, briefs, and attend.
The comparison that matters is not mediation versus nothing. It is mediation versus litigating the same issue. For realistic numbers, see what the average divorce costs in Alberta and how long a divorce takes in Alberta.
Before your session, run the numbers so you are negotiating from a defensible position rather than a guess. Our free tools give you a starting range: the Calgary child support calculator, the Alberta spousal support calculator, and the Alberta property division calculator.
When mediation is not the right process
Mediation assumes two people who can negotiate on roughly equal footing. Where that assumption fails, mediation can do harm.
- Family violence or coercive control. A mediation table can reproduce the same dynamic that existed at home. Some mediators offer shuttle mediation, where the parties never sit in the same room, but that is not always sufficient. Family violence is recognised grounds for a waiver.
- Serious non-disclosure. If you have reason to believe assets or income are being hidden, mediation has no discovery mechanism. Court does.
- Urgency. If a child is at risk or assets are being dissipated, you need an application, not a scheduled session.
If safety is a concern, an Emergency Protection Order can be applied for without completing the pre-court requirements. Family violence is also directly relevant to parenting: see does domestic violence affect your child custody case. For immediate support in Calgary, the Calgary Women’s Emergency Shelter operates a 24-hour line.
Mediation, arbitration, or court
Mediation is one of several processes that satisfy the ADR requirement. Arbitration, collaborative law, and parenting coordination also qualify.
- Mediation is non-binding. You keep control, and you can walk away.
- Arbitration is binding. A private decision-maker rules, usually much faster than the court list. See our Calgary arbitration services.
- Litigation is the fallback where nothing else works, and remains the right answer in some cases. See litigation as a dispute resolution option in divorce.
For a side-by-side comparison, read mediation vs arbitration in family law disputes and your options for resolving custody outside of court in Alberta. If you are weighing whether mediation suits your situation at all, is mediation the right choice for your family law case works through it.
How Shim Law helps with divorce mediation
- Preparation. We assemble your disclosure, value what needs valuing, and give you a realistic range on support and property so you know what a fair deal looks like before you walk in.
- Attendance. You can bring your lawyer to mediation. Some clients want counsel at the table throughout, others prefer to consult between sessions. Both work.
- Drafting and formalising. We turn the mediation summary into a separation agreement or consent order that will hold up.
- Continuity if it fails. If mediation resolves three issues out of five, we take the remaining two forward through the Court of King’s Bench rather than sending you to start again elsewhere.
- Complex files. Business interests, pensions, and significant assets need a different approach. See high net worth divorce and grey divorce.
- Language. Our lawyers work in up to 20 languages. Mediation depends entirely on being understood, and negotiating your children’s future in a second language puts you at a disadvantage. We also run a dedicated Korean-language divorce mediation service.
- Outside Calgary. We act for clients in surrounding communities, including Airdrie.
Meet the lawyers who would handle your file, or read more about our Calgary family law and divorce practices.
Frequently asked questions
Is mediation mandatory in Alberta?
For most family applications in the Court of King’s Bench, yes. Since January 2, 2026 the Family Focused Protocol requires you to complete an ADR process, usually mediation, within the six months before you file, unless the court grants a waiver or your matter falls into one of the listed exceptions such as protection orders, urgent applications, or an uncontested divorce.
How long does divorce mediation take?
A session runs two to three hours, and most families need one or two sessions. The bigger variable is preparation. Where disclosure is complete and both people have a realistic sense of the range, mediation moves quickly. Where it is not, sessions get spent gathering information rather than negotiating. Alberta’s program takes roughly two to three weeks to contact you after both parties register.
Can I bring my lawyer to mediation?
Yes. You can have counsel at the table, or consult between sessions, provided the mediator and the other party know the arrangement in advance. Having a lawyer also removes the Family Court Counsellor requirement, which only applies to self-represented parties with dependent children.
Is mediation confidential?
Yes. Mediation sessions are confidential and the mediator does not report the content to the court. There are limits. A mediator must report any perceived threat to a person’s safety to the appropriate authorities.
What happens if we cannot agree?
You file a Mandatory Intake Triage package and the matter proceeds to a conference with the assigned justice, then to a settlement conference, and to trial only if it remains unresolved. Partial agreement is still worth having. Every issue you settle in mediation is one you are not paying to argue, and your court application cannot raise issues that were never mentioned in the mediation without the court’s permission.
Can a mediated agreement be changed later?
Yes. Parenting arrangements and support obligations can be varied when circumstances change materially, such as a significant income change, a relocation, or a change in a child’s needs. How you do it depends on whether the agreement was formalised as a separation agreement or a consent order. See how to change a parenting agreement in Alberta.
Does mediation help the children?
The research and our own experience both point the same way. Children do better when their parents settle than when a judge decides for them, largely because the process itself is less adversarial and the arrangements tend to be more workable day to day. See the positive impact of mediation on children during divorce in Calgary.
Speak to a Calgary divorce mediation lawyer
If you are heading into mediation, or you have been told you have to complete ADR before you can file, the preparation is what determines the outcome. Call Shim Law at 403-476-2011 or book a consultation online. We will tell you what the requirements mean for your file, what you need to gather, and what a fair result looks like before you sit down.
