Understanding Mandatory ADR in Alberta Before Going to Court

Separation is already hard. For many couples, the idea of court only adds more worry, stress, and uncertainty. That’s why recent changes in Alberta family law are important to understand — especially the growing role of mandatory ADR (Alternative Dispute Resolution) in Alberta.

If you’re separating and wondering what’s required before court becomes an option, you’re not alone. Many families are asking the same questions right now. The good news is that these changes are designed to help people resolve issues earlier, more calmly, and with less financial strain. 

What Is Mandatory ADR?

Alternative Dispute Resolution includes options such as mediation and facilitated negotiation — processes that help separating couples resolve issues without going straight to court.

In Alberta, courts now expect most families to attempt ADR before litigation, unless there are safety concerns or other serious barriers. 

The goal is simple: encourage cooperation first and reduce unnecessary court battles. 

This approach reflects a shift in Alberta’s family law system toward resolving issues earlier and focusing on what’s best for families, with more use of mandatory ADR for separating couples

Why Alberta Introduced Mandatory ADR

Court is time-consuming, expensive, and emotionally draining — especially for families with children. Mandatory ADR in Alberta was introduced to help:

• Reduce conflict between separating partners
  
• Lower legal costs for families
  
• Shorten timelines and court backlogs
  
• Encourage child-focused decision-making
  
• Give families more control over outcomes

Rather than forcing families into a courtroom right away, Alberta’s approach encourages them to first try to resolve matters in a calmer, more practical setting through mandatory ADR.

The province has publicly emphasized this direction toward early resolution and family-focused processes, including supporting out-of-court solutions.  

What This Means for Separating Couples

For most couples, mandatory ADR doesn’t mean being forced into an uncomfortable situation. It means being encouraged — and often required — to explore reasonable ways to resolve issues before court becomes necessary.

ADR can help couples address:

• Parenting arrangements
• Child support and financial responsibilities
• Child and Spousal
• Communication and future decision-making

Many families find that once they sit down with structured support, reaching an agreement is far more achievable than they expected.

And if agreement isn’t reached as planned, court remains an option — but now, it’s truly a last resort. 

Why Mediation Is Often the Best ADR Option

Mediation is one of the most commonly used ADR options because it allows both parties to stay involved in the decision-making process, rather than having outcomes imposed by a judge. It helps couples avoid lengthy court timelines, reduce costs, and focus on practical, solutions while preserving dignity and respect during separation. With mandatory ADR in Alberta, mediation is no longer just another option; it is often the first step families are expected to take.

How Divorce Easy Can Support the ADR Process

At Divorce Easy, we support families who want to resolve matters calmly and affordably — especially under Alberta’s growing emphasis on ADR.

We help by:

• Assisting couples through agreement-building and mediation-ready processes
  
• Preparing clear separation agreements and parenting plans
  
• Managing paperwork and filing requirements
  
• Offering timely consultations (within 48 hours) so families aren’t left waiting
  
• Keeping costs accessible and avoiding messy, expensive legal fees

Book a consultation with us early to better understand your options, as it can make all the difference!