Alternatives to Court

Want to get a divorce? Trying to divide joint property after splitting from your common-law partner? Looking for spousal support from your registered domestic partner? Want child support from your ex-boyfriend?

Whatever your situation, if you have a family law issue that needs to be addressed, you may find an alternative other than court available to resolve issues.

• Negotiation
• Conciliation: This service is only available to those using the Supreme Court (Family Division) in either Halifax Regional Municipality or Cape Breton.
• Mediation

NEGOTIATION

Negotiation is the direct or indirect discussion between parties to resolve issues. Negotiation can take place anywhere: on the phone, over the kitchen table, at a coffee shop, or through lawyers. It is an option available to anyone living in any part of Nova Scotia.

In some parts of the province, court staff may be able to help you in the negotiation process. Contact your court administration office.

CONCILIATION

Conciliation is a mandatory process that begins after one of the parties starts a proceeding in the Supreme Court (Family Division).

For information about conciliation in the Supreme Court (Family Division) click here.

You may not have to attend a conciliation meeting with your ex-partner. Joint sessions will not take place if there is a history of family violence or if one of the parties refuses to meet with the other party.

MEDIATION

Mediation is a type of alternative dispute resolution that allows parties to resolve differences in matters relating to custody, access, support or maintenance, and property without going to court. An impartial, trained mediator will help each person to talk about their needs and issues, and will help resolve the issues in appropriate cases.

Mediation is voluntary. In some areas of the province, you will be referred by a court officer to a specific mediator. In other areas, you will have to find your own mediator. Refer to the yellow pages or Family Mediation Canada's website.

Mediators do not give legal advice. Consider meeting with a lawyer if you need legal advice. You should also have a lawyer review any agreement reached through mediation.

Mediation is not appropriate if there is a history of family violence or if one of the parties refuses to meet with the other party.

For more general information about mediation click here
For mediation information in the Supreme Court (Family Division) click here
For mediation information in the Family Court click here