Mandatory Mediation in Saskatchewan Divorce: FDR Requirements

Since July 1, 2022, Saskatchewan law requires couples in contested family proceedings to attempt alternative dispute resolution before they can access a court hearing. This mandatory family dispute resolution (FDR) requirement under Section 44.01 of The King's Bench Act applies to property division, spousal support, and parenting disputes. You cannot skip it — without a Certificate of Participation, your court application stalls.

What Counts as FDR

The requirement is not limited to mediation. Saskatchewan recognizes several approved dispute resolution processes:

• Mediation: A neutral third party facilitates negotiation between the spouses
• Collaborative law: Each spouse has their own collaboratively trained lawyer, and all four parties negotiate together with a commitment not to go to court
• Arbitration: A private arbitrator hears both sides and makes a binding decision
• Other approved ADR processes: Including parenting coordinators and family group conferencing

You must complete at least one substantive session with an approved FDR professional. A brief phone call or intake meeting does not satisfy the requirement.

The Certificate of Participation

After the FDR session, the professional issues a Certificate of Participation. This certificate does not reveal what was discussed or whether any agreement was reached — it simply confirms that both parties engaged in the process in good faith. The certificate must accompany any subsequent court application for a contested hearing.

Without this certificate, the Court of King's Bench will not schedule a contested chambers hearing.

What It Costs

Dispute Resolution Office (DRO) subsidized mediation: The provincial DRO offers mediation on a sliding scale based on combined household income:

• Initial session: $300–$1,700
• Subsequent sessions: $100–$850

Contact the Early Family Resolution Office to confirm current income thresholds and availability.

Private mediation: $150–$400 per hour, typically split 50/50 between the spouses. A straightforward mediation might take 3–6 hours across 2–3 sessions. Complex cases with business valuations or contested pension division can take significantly longer.

Collaborative law: Each spouse pays their own collaborative lawyer's hourly rate (typically $250–$400/hour). The total cost depends on how many four-way meetings are needed, but collaborative cases generally resolve faster and cheaper than litigation.

Exemptions for Domestic Violence

The FDR requirement is not absolute. If the relationship involves coercive control, physical safety risks, or severe power imbalances, standard mediation may be unsafe and inappropriate. A lawyer can apply to a judge for a formal exemption from mandatory FDR.

Courts take these exemption requests seriously. Evidence of domestic violence — police reports, protection orders, shelter records, or medical documentation — supports the application. If granted, the case proceeds directly to court without the FDR step.

Judicial Case Conferences (Saskatoon and Regina)

In Saskatoon and Regina, contested matters face an additional step after FDR: a Judicial Case Conference (JCC). Under Family Practice Directive #7, parties must file a Request for JCC (Form FAM-PD #7-2), served on the opposing party at least 3 days before filing. Each party submits a JCC Appearance Memo at least 2 days before the conference.

A King's Bench judge presides over the informal conference to review disclosure compliance, explore settlement, and set timelines for any remaining contested steps. The JCC is mandatory before a contested chambers hearing can be scheduled in these two centres.

Preparing for Mediation

Unprepared mediation burns time and money. Spouses who arrive without organized financial disclosure spend billable hours sorting through documents instead of negotiating terms. Two things to have ready:

1. A completed financial inventory — every asset, every debt, with current values and any Section 23 exemption claims documented
2. A clear picture of your priorities — what matters most (keeping the house, pension fairness, minimizing ongoing support) and where you have flexibility

The Saskatchewan Divorce Financial Split & Asset Division Guide is designed as a pre-mediation preparation tool — it organizes your financial disclosure into the exact structure that mediators and collaborative lawyers work from, so your sessions are spent negotiating terms instead of gathering baseline information.

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