If you are separating in Edmonton, family mediation is no longer just one option among several. Since January 2, 2026, the Court of King's Bench of Alberta's new Family Focused Protocol has made an attempt at alternative dispute resolution part of the standard path through the family court system, alongside other pre-court steps.
That change makes it worth understanding, in plain terms, what mediation actually is, how a typical file moves from a first conversation to a signed agreement, and where mediation fits next to arbitration and a full court process. Devgun Family Law offers family mediation in-house in Edmonton, and this article sets out the general framework so you know what to expect before a first session.
Mediation is not right for every family, and it does not replace legal advice. The sections below explain how it works, what the Family Focused Protocol now expects, and when a different process may serve you better.
What is family mediation in Alberta?
Family mediation is a process where a neutral, trained mediator helps two separating spouses or parents work through the issues of their separation and try to reach their own agreement, rather than having a judge decide for them. Common topics include parenting time and decision-making, child support, spousal support, and the division of property.
The mediator does not represent either person, does not decide who is right, and does not issue a ruling. Which law applies to some of these issues — the federal Divorce Act for married spouses, or Alberta's Family Law Act for unmarried and adult interdependent partners — can affect the details, and a lawyer can confirm which applies to you.
Devgun Family Law offers family mediation in-house in Edmonton, alongside related services such as collaborative family divorce and independent legal advice.
Do I have to try mediation before going to court in Alberta?
Not mediation specifically — but in most cases you do have to attempt some form of alternative dispute resolution, and mediation is the most common way people meet that step. Since January 2, 2026, the Court of King's Bench of Alberta's Family Focused Protocol requires parties to attempt alternative dispute resolution before the court will grant contested relief in a family matter.
The Family Focused Protocol also sets out related pre-court steps, including the Parenting After Separation seminar where children are involved, exchanging full financial disclosure, and, for people without a lawyer, a meeting with a Family Court Counsellor where one is available. Urgent matters, and situations where a judge waives a requirement, are handled differently.
The intent behind the protocol is to have families genuinely try to resolve their own issues, with legal advice available, before asking a judge to decide. That does not mean every family must reach a full agreement — it means an honest attempt generally has to happen first.
How does a family mediation actually work, step by step?
A typical family mediation file moves through a series of stages, though the pace and number of sessions vary from family to family.
- Intake — an initial conversation or screening to confirm mediation is an appropriate process, including a check for family violence or a serious power imbalance.
- Preparation — each person gathers relevant financial and parenting information, sometimes with input from their own lawyer.
- Mediation sessions — one or more meetings, in person or by video, where the mediator helps identify the issues and explore options.
- Working toward agreement — the parties test possible solutions against their own needs and, where they have counsel, against legal advice.
- Drafting — resolved issues are put into writing, often as a memorandum of understanding.
- Independent legal advice and documentation — each party generally has a lawyer review the terms, and the agreement is properly documented so it can be relied on later.
A session that does not resolve every issue is still useful. Narrowing the disagreement down to one or two outstanding points can make a later court application, if one is needed, more focused.
How is mediation different from arbitration or going to court?
Mediation, arbitration, and court are three different ways to resolve the same family law issues, and the key difference between them is who makes the final decision.
| Process | Who decides | Is the outcome binding? | How formal is it? |
|---|---|---|---|
| Mediation | The parties themselves, with the mediator's help | Only once properly documented, usually with independent legal advice | Informal — flexible scheduling, private sessions |
| Arbitration | A neutral arbitrator, after hearing both sides | Generally binding, similar to a court order, once issued | More formal — evidence and argument presented to the arbitrator |
| Court | A judge | Binding — a court order | Formal — governed by court rules and procedure |
Some families use more than one process. Mediation may resolve most issues, for example, with arbitration or a short court application left for the point or two mediation could not settle.
Is a mediated agreement legally binding?
Not automatically. Reaching an understanding in mediation is an important step, but on its own it is generally not enough to be relied on as a binding legal agreement.
To become something each person can rely on and enforce, a mediated agreement usually needs to be put into proper legal form, and each party generally benefits from independent legal advice before signing. That advice helps confirm the agreement reflects the law, is clearly worded, and properly accounts for both people's circumstances. Depending on the issues involved, some agreements are later incorporated into a court order.
This also marks the key difference between the mediator's role and a lawyer's role. The mediator facilitates the discussion between two people; a lawyer advises you on your own rights and reviews what you are agreeing to.
What does family mediation cost in Edmonton?
Costs vary, and depend on the mediator, the number of sessions needed, and the complexity of the issues. Private family mediation in Edmonton is generally billed on an hourly basis — ask Devgun Family Law directly for current information about its mediation service and how it is billed.
Alberta also offers a family mediation program for parents who qualify based on income, delivered on a reduced, sliding-fee basis through the court system. Eligibility and fee levels are set by the province and can change, so confirm current details directly with the program before relying on them.
Whichever route you use, ask about the fee structure, including whether costs are shared between both people, before a first session.
Is mediation right for every family?
No. Mediation works well for many separating families, but it is not the right process in every situation. It depends on both people being able to participate on relatively equal footing, with enough safety and openness to negotiate honestly.
Where there is family violence or a significant power imbalance between the parties, mediation may not be appropriate, or may need to be adapted with extra safeguards. Screening for these concerns is a normal part of a responsible intake process, so mediation can be adjusted, or another process used, where it would not be safe or fair to proceed.
If you are unsure whether mediation fits your situation, that is a reasonable question to raise with a family lawyer or with the mediator directly during intake.
Common questions
Do both people have to agree to try mediation?
Generally, yes — mediation itself remains a process the parties engage in, even where the Family Focused Protocol expects an attempt at alternative dispute resolution before certain court steps. A lawyer can advise on how that expectation applies to your specific file.
Can I have a lawyer while I am in mediation?
Yes. Many people retain a family lawyer for advice outside the mediation sessions and review any draft agreement with their lawyer before signing. The mediator stays neutral and does not give either person independent legal advice.
What happens if mediation does not resolve everything?
Unresolved issues can move to arbitration, a court application, or further negotiation between lawyers. Reaching even partial agreement in mediation is still valuable — it narrows down what is left to decide elsewhere.
Practical takeaway
Family mediation gives separating parents and spouses in Edmonton a structured way to work toward their own agreement, with a neutral mediator guiding the conversation rather than a judge deciding for them. Since January 2026, an attempt at alternative dispute resolution is also expected as part of the standard path through most family matters at the Court of King's Bench of Alberta. Mediation is not the right fit for every family, and any agreement reached still needs to be properly documented — generally with independent legal advice — before it can be relied on.
This article is general information only and is not legal advice. If you are considering family mediation in Edmonton or elsewhere in Alberta, speak with a family lawyer about whether it fits your circumstances.