Free Custody Mediation in PEI for Parenting Plans

One of the most common questions PEI parents ask early in a separation is whether they need mediation to settle parenting arrangements. The short answer: mediation is not legally mandatory, but the Supreme Court of PEI strongly expects you to try it before bringing a contested parenting dispute to a judge. And the province offers it free of charge through the Family Court Conciliation Office.

What PEI's Free Mediation Covers

The Parenting Plan Mediation Service operates out of the Honourable C.R. McQuaid Family Law Centre in Charlottetown. A neutral, trauma-informed mediator helps parents negotiate:

• Parenting time schedules — who has the child and when
• Decision-making responsibility — how major decisions about the child's health, education, and activities are allocated
• Communication protocols — how parents will share information and resolve day-to-day disagreements

The mediator does not make decisions for you. They facilitate the conversation, help identify common ground, and guide both parents toward an agreement that serves the child's best interests.

What It Does Not Cover

This is where many parents get tripped up. PEI's free mediation is strictly limited to parenting issues. It does not address:

• Child support calculations
• Spousal support
• Property division
• Pension splitting or financial disclosure

If you need help with support or property, you either need a lawyer, a private mediator (typically $250–$400 per hour in PEI), or the Child Support Guidelines Officers (a separate free service for parents who agree on parenting time but need help calculating support).

Is Mediation Mandatory?

Not technically. You can file a parenting application with the Supreme Court without attempting mediation first. But in practice, if your case goes to a Case Management Conference (which happens within 45 days of a contested Answer being filed), the Case Management Judge will very likely direct you to complete mediation and the Positive Parenting from Two Homes program before setting a hearing date.

Going into a Case Management Conference with evidence that you attempted mediation in good faith demonstrates to the judge that you are trying to resolve things cooperatively — which matters under the best-interests test, where each parent's willingness to support the co-parenting relationship is a statutory factor.

How to Prepare

The most productive mediation sessions happen when both parents arrive with a clear proposal rather than starting from scratch. Before your intake session:

1. Draft a proposed parenting schedule — even a rough one. Which days and overnights do you want? What works with both parents' work schedules?
2. List your non-negotiables — school enrollment, healthcare decisions, holiday priorities
3. Think about communication — how will you share information about the child? Email, a co-parenting app, a shared calendar?
4. Consider the child's perspective — what schedule provides the most stability and least disruption to the child's routine?

The PEI mediation service uses the Association of Family and Conciliation Courts (AFCCO) template, so structuring your thoughts around decision-making, parenting time, and communication will align with what the mediator expects.

When Mediation Is Not Appropriate

Mediation assumes both parents can participate on roughly equal footing. It may not be appropriate when:

• There is family violence or another safety concern between the parents, including an active Emergency Protection Order
• There is a power imbalance that would prevent genuine negotiation

In these situations, the court can proceed directly to contested motions and may order a Parenting Arrangement Assessment instead.

The Prince Edward Island Child Custody & Parenting Plan Guide includes structured pre-mediation worksheets and a communication protocol template to help you walk into your session with a clear, organized proposal.

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