Appendix A: Key program features by jurisdiction and program
Table 1a. Key program features by jurisdiction and program: British Columbia and Alberta
| British Columbia | Alberta | |||
|---|---|---|---|---|
| Program | Family Justice Dispute Resolution | Family Mediation | King’s Bench Child Support Resolution Program | Family Court Assistance |
| Eligibility: Must have child-related issues and/or dependent child | No | Yes | Must have a child support issue | Yes |
| Eligibility: Low income | No | Yes | No | No |
| Eligibility: Other | No | No | No | Self-represented litigants only |
| Locations: Province / territory wide | Yes | Yes | No | No |
| Locations: Specific sites | Calgary, Edmonton | 11 court locations and surrounding areas | ||
| Language(s) | English; interpreters for other languages | English; interpreters may be used but are not provided by the program | English; interpreters may be used but are not provided by the program | English; interpreters for other languages |
| Issues: Child issuesFootnote i of Table 1a | Yes | Yes | Child support | Yes |
| Issues: Spousal support | Yes | Yes | If accompanied by child support | No |
| Issues: Property division | No | Some property matters | No | No |
Table 1b. Key program features by jurisdiction and program: British Columbia and Alberta, continued
| British Columbia | Alberta | |||
|---|---|---|---|---|
| Program | Family Justice Dispute Resolution | Family Mediation | King’s Bench Child Support Resolution Program | Family Court Assistance |
| User fees | No | No | No | No |
| Service limits: HoursFootnote ii of Table 1b | No limits | No limits | One 60-90 minute joint dispute resolution meeting | No limits |
| Modes of delivery | In-person, telephone, video | In-person, telephone, video | In-person, telephone, video | In-person, telephone, video |
| Court requirementFootnote iii of Table 1b | In Victoria and Surrey, parties must complete an assessment and at least one consensual dispute resolution session unless exempt or where not appropriate, prior to making a court application; in Kelowna and Nanaimo, parties must complete a needs assessment prior to matter being scheduled for a first appearance | Court of King’s Bench Rules state that the parties’ responsibility to manage their dispute includes good faith participation in a dispute resolution process | Child support cases in Court of King’s Bench may be directed to participate. | Required in Calgary, Edmonton and Grande Prairie at the Court of Justice (provincial); will be mandatory at both court levels in Calgary and Edmonton by March 2024 |
Table 2a. Key program features by jurisdiction and program: Saskatchewan and Manitoba
| Saskatchewan | Manitoba | |||
|---|---|---|---|---|
| Program | Dispute Resolution Office Family Mediation Program | Legal Aid Saskatchewan | Family Resolution Services | Legal Aid Manitoba |
| Eligibility: Must have child-related issues and/or dependent child | No | No | No | No |
| Eligibility: Low income | No | One party must qualify financially for legal aid | No | Must be financially eligible for legal aid |
| Eligibility: Other | No | No | No | No |
| Locations: Province / territory wide | Yes | Yes | Yes | Yes |
| Locations: Specific sites | In-person service in 4 sites | |||
| Language(s) | English; interpreters for other languages | English; interpreters for other languages | English and French; interpreters for other languages | English; interpreters for other languages |
| Issues: Child issuesFootnote i of Table 2a | Yes | Yes | Yes | Yes |
| Issues: Spousal support | Yes | Yes | Yes | Yes |
| Issues: Property division | Yes | No | Yes | Some property matters |
Table 2b. Key program features by jurisdiction and program: Saskatchewan and Manitoba, continued
| Saskatchewan | Manitoba | |||
|---|---|---|---|---|
| Program | Dispute Resolution Office Family Mediation Program | Legal Aid Saskatchewan | Family Resolution Services | Legal Aid Manitoba |
| User fees | Sliding scale fees except when ordered to attend High Conflict sessions by a judge | No | No | Legal Aid application fee of $25; can be waived in certain situations |
| Service limits: HoursFootnote ii of Table 2b | No limits | 1 hour pre-mediation meeting per party and up to 5 hours joint sessions | No limits | Tariff provides up to 42 hours of legal service |
| Modes of delivery | In-person, telephone, video | Video; telephone or in person only by exception | In-person, telephone, video | In-person, telephone, video |
| Court requirementFootnote iii of Table 2b | Family law matters that come to court are required to attempt a family dispute resolution process at the close of pleadings before they may continue with any further court proceedingsFootnote iv of Table 2b | Family law matters that come to court are required to attempt a family dispute resolution process at the close of pleadings before they may continue with any further court proceedingsFootnote iv of Table 2b | The Court of King’s Bench Family Division scheduling model aims to resolve cases at the earliest point possible. If issues cannot be settled, parties must complete prerequisites, including out of court resolution, prior to obtaining a hearing date before a judge | The Court of King’s Bench Family Division scheduling model aims to resolve cases at the earliest point possible. If issues cannot be settled, parties must complete prerequisites, including out of court resolution, prior to obtaining a hearing date before a judge |
Table 3a. Key program features by jurisdiction and program: Ontario, Quebec and Nova Scotia
| Ontario | Quebec | Nova Scotia | ||
|---|---|---|---|---|
| Program | Family Mediation Services | Legal Aid Ontario | Service de médiation familiale | Conciliation through Supreme Court |
| Eligibility: Must have child-related issues and/or dependent child | No | No | No | No |
| Eligibility: Low income | No | One party must qualify for legal aidFootnote ii of Table 3a | No | No |
| Eligibility: Other | All parties must agree to mediation and a mediator | One party must have a legal aid certificate; both parties must have counselFootnote iii of Table 3a | No | Must have a Supreme Court family action or application |
| Locations: Province / territory wide | Yes | No | Yes | Yes |
| Locations: Specific sites | 45 sites and surrounding areas | Central West and East Regions only | ||
| Language(s) | English and French; some mediators offer services in other languages or chose to hire an interpreter | English, French also in the East Region; interpreters for other languages | French; many mediators offer service in English and other languages | English; some conciliators can use French. Parties can bring an interpreter |
| Issues: Child issuesFootnote i of Table 3a | Yes | Yes | Yes | Yes |
| Issues: Spousal support | Yes | In East Region only | Yes | Sometimes |
| Issues: Property division | Yes | In East Region only | Yes | No |
Table 3b. Key program features by jurisdiction and program: Ontario, Quebec and Nova Scotia, continued
| Ontario | Quebec | Nova Scotia | ||
|---|---|---|---|---|
| Program | Family Mediation Services | Legal Aid Ontario | Service de médiation familiale | Conciliation through Supreme Court |
| User fees | Free for on-site mediation at courthouse; sliding scale fees for off-site meditation | No fee for mediation | Free hours up to the maximum hours of service provided for in the Family Mediation Regulation; excludes mediator administration fees and additional hours to reach an agreement; service does not pay fees to modify an existing agreement for couples without dependent children | No |
| Service limits: HoursFootnote iv of Table 3b | On-site mediation provides 2 hours free of charge | No information | Parents: 5 hours for an initial request and 2.5 hours for a review request; couples without dependent childrenFootnote vi of Table 3b: 3 hours | No limits |
| Modes of delivery | In-person, virtual | In-person, virtual | In-person, telephone, video | In-person, telephone |
| Court requirementFootnote v of Table 3b | No court requirement | No court requirement | No court requirement | Mandatory in Halifax and Cape Breton if directed following the triage process |
Table 4a. Key program features by jurisdiction and program: Prince Edward Island and Newfoundland and Labrador
| Prince Edward Island | Newfoundland and Labrador | ||
|---|---|---|---|
| Program | Child Focused Parenting Plan Mediation | Child Support Services Office | Family Justice Services |
| Eligibility: Must have child-related issues and/or dependent child | Yes | Yes | Yes |
| Eligibility: Low income | No | No | No |
| Eligibility: Other | No | Self-represented litigants | At least one party must reside in the province |
| Locations: Province / territory wide | Yes | Yes | Yes |
| Locations: Specific sites | In-person services available in nine sites | ||
| Language(s) | English; interpreters for other languages | English; interpreters for other languages | English and French; client is required to provide an interpreter for other languages |
| Issues: Child issuesFootnote i of Table 4a | Yes, excludes child support | Child support and special expenses only | Yes |
| Issues: Spousal support | No | No | No |
| Issues: Property division | No | No | No |
Table 4b. Key program features by jurisdiction and program: Prince Edward Island and Newfoundland and Labrador, continued
| Prince Edward Island | Newfoundland and Labrador | ||
|---|---|---|---|
| Program | Child Focused Parenting Plan Mediation | Child Support Services Office | Family Justice Services |
| User fees | No | No | No |
| Service limits: HoursFootnote ii of Table 4b | 10 – 12 one-hour mediation sessions | No limits | Service standard to resolve issues in 60 – 90 days |
| Modes of delivery | In-person, telephone, video | Telephone, email, in-person, video | In-person, telephone, video |
| Court requirementFootnote iii of Table 4b | No court requirement | None, though judge may order parties to work with service | Expectation that parties will attempt mediation where safe to do so |
Table 5a. Key program features by jurisdiction and program: Northwest Territories and Yukon
| Northwest Territories | Yukon | |
|---|---|---|
| Program | Family Law Mediation Program | Yukon Family Mediation Service |
| Eligibility: Must have child-related issues and/or dependent child | Yes | Yes |
| Eligibility: Low income | No | No |
| Eligibility: Other | At least one party must reside in NWT | At least one party must reside in Yukon |
| Locations: Province / territory wide | Yes | Yes |
| Locations: Specific sites | In-person service available in Yellowknife | In-person service available in Whitehorse |
| Language(s) | English and French; interpreters for other languages | English; interpreters for other languages |
| Issues: Child issuesFootnote i of Table 5a | Yes | Yes |
| Issues: Spousal support | Yes | Yes |
| Issues: Property division | Minor assets / debts | Yes |
Table 5b. Key program features by jurisdiction and program: Northwest Territories and Yukon, continued
| Northwest Territories | Yukon | |
|---|---|---|
| Program | Family Law Mediation Program | Yukon Family Mediation Service |
| User fees | No | No |
| Service limits: HoursFootnote ii of Table 5b | 1 hour pre-mediation/party plus up to 9 hours joint mediation | 1 – 4 mediation sessions of 2 hours each (max of 9 hours mediation) |
| Modes of delivery | In-person, telephone, video | In-person, telephone, video |
| Court requirementFootnote iii of Table 5b | None, though judge may recommend that parties attempt mediation | No court requirement |
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