How Much Does Family Mediation Cost in BC?

The cost of separation and divorce

The emotional costs of separation alone are enough to overwhelm anyone. Adding the financial burden of legal fees certainly doesn’t make the process any easier. In the 20 years I've been working in family law, it has become increasingly important to build the service and tools that I would buy myself. I can remember earlier in my career when I was practicing at a family law firm, charging an hourly rate and sending out bills each month, thinking "I would be horrified if I received this bill in my inbox". It's what really caused me to start looking at how to make separation and divorce more efficient and spend years refining and further refining until I now am able to offer a flat-fee for a mediation package.

We’ll look at the average costs of mediation to give you a sense of predictability and what to expect during the mediation process (and what your options are if you can’t afford it).

How much does the mediation process cost? It depends on a few factors.

There are few factors to consider when looking at the cost of mediation. It can often come down to the matters that need to be discussed in mediation, how complex your situation is, and the mediator’s fees. But overall, there is a general cost range that can help you gauge what you might expect.

Different types of family mediators

There are two main types of family mediators - those that are lawyers and those that are not.

Lawyer Mediators

A family lawyer-mediator does more than facilitate conversation. They provide legal information, flag legal risks, and draw attention to long-term implications of various options throughout the mediation so that people can make informed decisions in real time. Non-lawyer mediators must have some training in family law, but it will be less in depth and they will not have had the experience of working as a lawyer or attending court to gain experience within the system.

Lawyer-mediators are also trained to draft legally sound Separation Agreements, not just summaries or memoranda of understanding. That drafting expertise means the Separation Agreement is negotiated thoroughly and with a clear understanding of the law. As a result, it is more likely to be clear, enforceable, and durable, and less likely to need to be renegotiated later. This can save significant time, stress, and legal fees down the road.

Non-Lawyer Mediators

Non-lawyer mediators can be very skilled facilitators and may be a good fit in many situations, Some mediators may have a background in mental health or social work and may be a perfect fit where issues are narrow or primarily communication or parenting based. There are also non-lawyer mediators who bring financial expertise to the discussion and can run specialized calculations.

Non-Lawyer Mediators will guide you through your family law issues and then draft a Memorandum of Understanding, which is a summary of the agreements you made in mediation. You would then take that to a lawyer to have it converted to a legal document.

Average hourly rates of mediators and mediation services in BC

Most lawyer-mediators charge between $300-$500 per hour in BC. While family mediators who are not lawyers often charge in a range between $200-$300 per hour. The higher cost of a lawyer-mediator usually reflects the added legal knowledge, experience, and drafting ability, that come with combining mediation and legal expertise in one process.

It’s important to note that a family mediator’s hourly rate is typically divided in half between both spouses on the day of mediation. This means, if a mediator’s hourly rate is $300, then it would be $150 per spouse. It’s not $300 per hour, per spouse. Unless otherwise agreed or specified in the agreement, the total cost of mediation is typically divided in half and shared equally with the other party. This means each spouse receives and invoice and is responsible for their half of mediation costs.

When a mediator gives you their hourly rate, it can sometimes sound even more overwhelming as other questions might start filling your mind: But how much does the mediation process cost in total? How many hours does it take? Why does it cost so much? What if I can’t afford it? Am I going to be surprised with unexpected fees?

First, Factor in the Pre-Mediation Meeting

All mediators are required to have a pre-mediation meeting with each spouse individually before the date of mediation. At this meeting you will be able to discuss your situation and any concerns you have prior to the joint session.

In the pre-mediation meeting, the family mediator will assess if mediation is right for you and your spouse. If the mediator deems mediation appropriate for your situation, they will provide you with recommendations and resources on how to best prepare for the mediation date.

A family mediator typically charges anywhere from $250-$500 for a pre-mediation meeting. This is the only cost that’s not divided between spouses. This means, each spouse pays $250-$500 for their own individual pre-mediation meeting.

Secondly, note the file preparation fee

It’s important to note that some mediators might add 1-4 hours of a file preparation fee. This typically includes compiling your financial documents, preparing financial and support calculations, as well as data entry and admin for your file. In addition to the pre-mediation meeting, the file preparation fee would be an added cost to your invoice. Make sure to ask your mediator about this or check their website for specific information on pricing.

What about Communications?

Ask your mediator whether they charge for telephone calls, emails, and other communications necessary during the mediation process. Some mediators charge flat fees, which would include this, but if your family mediator charges hourly, they will charge you for the time spent reading and responding to emails and time on the phone or in meetings.

Now that you understand the initial costs that arise before the mediation, you can look at how much the mediation itself is.

The Average Cost of Family Mediation in BC

How long your mediation session takes is often determined by what you need to mediate. Do you have financial property to divide? i.e. money, bank accounts, a house, rental property, cars, etc? Do you have children? Do you have both financial property and co-parenting to discuss? The answers to these questions can help determine an average length of mediation.

While there are always variations, the following are average costs ranges according to what factors apply to you and your spouse.

Parenting matters only

If you have parenting matters only to discuss, perhaps if you’ve already finalized your property distribution previously with another mediator or a lawyer, or if you’ve never resided with the other parent, the average cost of a mediation would likely be around $1,600 - $3,000 in BC, typically taking around 4-6 hours on average if everyone is organized and prepared.

In a session involving parenting matters only, you would be discussing your co-parenting plan and arrangement as well as matters surrounding Child Support.

Financial matters only

If you don’t have children and you only have financial property to divide, an average mediation costs around $1,600 - $3,000 in BC, usually taking around 4-6 hours on average if everyone is organized and prepared.

In a financials-only mediation you will discuss property distribution (who gets what, property buy-outs, pension division etc.) and whether or not Spousal Support will be paid by either spouse.

Financial and parenting matters

Of course, many families have both financial and parenting matters to mediate, and therefore it takes takes longer. It costs around $3,000-$5,000 on average if you are prepared and have a basic file with no complex matters like extensive property division or very high income earnings.

Note that some mediators might require a retainer upfront based on estimates of total costs, this means you’ll need to provide a certain amount that guarantees payment that will go towards the total mediation costs.

Other factors in mediation costs

Complex matters

Of course, the cost of mediation increases depending on how complex the matters are. This is especially true for complex financial matters with extensive property distribution where there are multiple companies, properties, or investment accounts that need more time and attention for specific complex financial matters. Basically the more detail that needs to be discussed, the longer it takes. Complex matters could range anywhere up to $8,000-$12,000, but of course this is not as common.

High Conflict and Shuttle Mediation

High conflict matters often take longer in mediation because more time is needed to slow the process down and create a sense of safety and structure. When emotions are high or trust is low, the family mediator will need additional time helping each person feel heard, clarifying misunderstandings, and keeping conversations from escalating. Parties may need to address communication patterns, revisit issues in smaller pieces, and take breaks between sessions so decisions are not made under pressure. This extra time helps ensure that agreements are thoughtful, informed, and sustainable, rather than rushed solutions that are more likely to unravel later.

Often these matters are done in shuttle mediation, which is when a couple decides, or the mediator recommends, that due to various reasons, that they will not be in the same room as each other. This means, they will be in separate rooms for some or all of the mediation and the mediator will shuttle back and forth between rooms as matters are discussed and decisions are made.

This process can extend the mediation by 2-3 hours because the mediator has to have each conversation twice, separately with each spouses, and because it’s used as a tool in high-conflict matters where couples may not be as agreeable.

With counsel attending

Some people choose, and sometimes it’s recommended, to attend mediation with legal counsel. This means they bring their own lawyers to the mediation to consult on matters and decision-making. Either spouse has the right to be represented by their lawyer during mediation and in some situations it will be more efficient overall.

Typically, because of the extra time added for lawyer inputs and consultations, and factoring in the likelihood that if people are bringing lawyers, the matters is likely more complex or high-conflict, mediations are often extended, and on average, can take around 8-12 hours. This means a mediation with counsel can cost anywhere from $5,000-$8,000. Of course, this doesn’t include the billable hour of the lawyer in attendance.

Flat Fee Mediations

Some mediators provide greater predictability by offering flat fee pricing based on the type of mediation you need, rather than charging by the hour. For mediations of average length, this often works out to a total cost in the range of $2,400 to $4,800. Flat fees typically include file preparation and ongoing communications, with individual pre mediation meetings billed separately.

Flat fee pricing can be a good option if you want clarity and certainty about mediation costs from the outset, without worrying about fees increasing as the process unfolds.

How much does mediation cost if we already agree on everything?

This is a common question. If both parties agree on everything, do they even need mediation? It’s common that “everything” has usually not been fully addressed. Couples often agree on the broad framework of a separation and then use mediation to work through the details. Many people begin the process believing they are in full agreement, only to discover there are additional issues that need to be discussed and properly accounted for in the Separation Agreement.

That said, agreeing on many of the major issues upfront can absolutely speed up the mediation process. When the big picture decisions are already aligned, mediation can focus on clarifying details, confirming legal requirements, and making sure the agreement is complete, workable, and durable. And when time is money, especially in a world of hourly billing, your overall costs often decrease as well.

The Pre-Mediation Meeting will clarify cost

The pre-mediation meeting allows the family mediator to gather information in order to determine the most appropriate mediation style and plan the process carefully to be supportive and efficient. Based on those meetings, the mediator will make recommendations about the length of the mediation, whether joint or shuttle sessions are appropriate, whether lawyers should be involved, and whether there are particular complexities to plan for. After the pre-mediation meetings, most people have a fairly clear understanding of the expected cost and duration. If anything remains unclear, it is a good idea to ask the mediator for their estimates before moving forward.

Don’t forget about the Separation Agreement

Now that you have your mind wrapped around the cost of the mediation process, it’s important not to forget you have to document the agreement you reached in mediation in writing, and this is a separate cost, because it’s a legal cost.

Many people are surprised to learn that mediation does not replace the need for a Separation Agreement. Mediation is the process used to reach decisions, but once those decisions are made, they must be formally documented. A Separation Agreement is the legal document that sets out the terms of your separation and makes them enforceable. While mediation has its own cost, the drafting of the agreement comes at the end of the process and should be planned for as a separate legal expense. If the mediator is also a lawyer, they may be able to draft the Separation Agreement as part of or following the mediation process.

If you have mediated with a mediator who is not a lawyer, they will draft a a Memorandum of Understanding which outlines all the decisions made and agreements reached in a formal document that you can take to a lawyer to draft the agreement for you.

The average cost of a Separation Agreement generally ranges from $1,500 to $3,000. This estimate does not include the cost of receiving independent legal advice after mediation, which is also an important part of the process.

How to reduce the cost

While how much the mediation costs is often determined by what you need to mediate, it’s also dependent on a few factors such as how prepared you are and how much conflict exists between both spouses. If one party is determined to be disagreeable, you might be in it for the long haul. But, there are ways to prepare in advance and avoid getting stuck, (even if your spouse wins most disagreeable spouse of the year.)

Typically, at the start of the process, both spouses have one thing in common. They want mediation to cost as little as possible. And they want the entire legal process to cost as little as possible. Of course, there are the extreme scenarios of some spouses who want to exploit the process to make their spouse miserable, but those instances are generally more rare, and not often something you find in people who’ve chosen mediation as the legal route through their separation.

Prepare in advance

There are few things you can do to prepare for a successful mediation. Often the process can be stalled, paused, or extended due to a missing document, lack of property valuation, or simply due to the fact that no one thought prior to the mediation about all the decisions that would have to be made. The following items should be prepared prior to mediation in order to provide the most cost-efficient process possible:

Prepare a complete financial disclosure:

It’s incredibly important to ensure you’ve disclosed all financial assets and compiled your financial documentation in one place. This is a required part of the process and attempting to hide anything will likely not only delay the process, but could hinder the outcome of the process for you. Here’s a listing of a complete disclosure to compile:

Financial_Document_Summary.pdf

Download PDF • 38KB

Obtain any necessary valuations

Your lawyer or mediator can help you determine if acquiring a valuation on a property, pension, or business is needed for your situation. Having any necessary valuation done in advance can really speed up the process.

Reflect on your goals and values

Before mediation begins, it helps to pause and reflect on your values and goals. Mediation is a forward looking process that focuses on the decisions you and your spouse need to make together. Taking time to identify what matters most to you can make it easier to compromise and work toward practical solutions. When discussions are guided by shared goals and long term needs, rather than anger, hurt, or an adversarial mindset, the mediation process is often more efficient and productive.

Get Legal Advice

Getting independent legal advice before or during your family mediation can actually help reduce overall costs. When people come into mediation with a basic understanding of how the law applies to their situation, discussions tend to be more focused and productive. Legal advice helps set realistic expectations and gives each person a clearer sense of what is generally considered fair and reasonable under the law. As a result, less time is spent debating legal principles or testing positions that are unlikely to hold up, which can speed up decision making and reduce the number of mediation hours required.

Meet with financial advisors, lenders, and accountants

Before mediation, depending on your circumstances, it may be helpful to meet with financial advisors, lenders, and accountants so you fully understand your options. Speaking with a financial advisor can help you explore realistic financial scenarios and assess what each of you may need to maintain a reasonable standard of living.

It is also important to understand what you can realistically afford. For example, a mortgage advisor can tell you whether you would qualify to buy out your spouse’s interest in the family home, or what alternative arrangements might be possible.

An accountant can help run calculations related to a business, future tax implications, or other financial considerations that should be factored into the mediation discussions. Having this information in advance can make mediation more efficient and help avoid delays or unrealistic proposals.

For an extensive resource on preparing for mediation, refer to From Combative to Collaborative: Key Negotiation Principles for a Successful Settlement.

Choosing a family mediator

Does a higher priced mediator mean they are a better one? Not necessarily. There are some really great mediators who have been doing family mediation for a very long time, and their experience is often reflected in their rate. But there are also some advanced experienced mediators who might not be the right fit. So how do you know who to choose?

Most mediators will allow you to do a preliminary 30 minute consult to meet with them and learn about the process. At these meetings you can gauge whether or not this is the right mediator for you. It’s also important to learn about their credentials, experience, and outcomes they had with dispute resolution situations similar to yours.

If you’d like to meet with another mediator, even in the same firm, ask about it. A good mediator understands that fit and comfort is an important part of the overall process.

What if you can’t afford it? Alternative dispute resolution options

These prices might feel high, but they are still drastically low when compared to settling in court or out of court between lawyers in front of a judge, which can sometimes cost up to $100,000. But of course, understandably, either way it’s a lot. Family dispute resolution options like mediation and collaborative family law have benefits that can help couples resolve legal issues without spending any time in court or litigation. There are also family law information centres and other resources that might apply to your situation.

But if, at the bottom line, you simply cannot afford any range of costs mentioned here, there are a few alternative solutions:

The Justice Access Centre (JAC):

The JAC can help with any issues regarding parenting, child support, or spousal support. They can also help you with divorce applications and other issues aside from property distribution. Depending on your situation they might be able to offer legal advice, or they may be able to connect you with a community partner at a free or discounted rate. The problem is that most families have property, which includes real estate, financial accounts, investments, RRSPs, vehicles, pensions, and Canada Pension Plans, to deal with, too, and it often makes the most sense to negotiate it all at the same time.

Family Services of Greater Victoria:

The FSGVic has a Separation Resource Centre and offers mediation around parenting matters at sliding scale as well as many other resources to help support your family during your separation.

A DIY Separation Agreement Platform:

You can also work together on a DIY platform like Divii to create your Separation Agreement. Divii helps explain legal principles, prompts you with the right questions so nothing important is missed, and provides structure to move efficiently through the process. It also automatically drafts the legal Separation Agreement, so you do not need to worry about what clauses to include or how the document should be written. If you and your spouse get stuck or cannot agree on certain issues, it often makes sense to focus on the areas where you do agree and leave the remaining points in dispute for a shorter, more targeted mediation session with a family mediator.

Legal Aid BC

If you are in a low income bracket with no residential property owned, you might qualify for legal aid. If your income is higher than the threshold, you still might qualify to meet with a lawyer for one hour if you are in the mediation process and a Family Justice Counsellor has sent you a referral. You can also contact their Family Law Centre to see if you are qualified for free legal representation. Legal aid will pay for more than 14 hours of mediation and supporting legal advice if you are approved.

Conclusion

Mediation can be a great option for couples who want to work through their separation together in a collaborative process and come out with a Separation Agreement they are both content with.

If you think mediation may be right for you and you need assistance navigating the complexities of separation, I can work with you to ensure your separation is handled with respect, clarity, fairness, and financial predictability and transparency. In my mediation practice, I like to provide both parties involved predictability by offering flat fees for couples looking to mediate. Visit my pricing page to learn more, or contact me if you have any questions before beginning the process.

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Rebecca Alleyne: An accredited family lawyer and mediator with over 20 years of experience helping over 1,000 families find resolution and a path forward through the mediation process.

Learn more about the Family Law Mediation Process with Rebecca

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