Overview

The Mandatory Mediation Program’s (MMP) access plan is adopted by each local mediation committee to ensure that people with limited financial resources can access mediation services.

Under the MMP, the fees for a mediator selected or assigned from the local mediation roster may be waived or reduced if you cannot pay or have:

This is known as pro bono mediation.

Mediator responsibilities

Mediators have a professional responsibility to provide competent services to people involved in civil cases that need their assistance, including those who cannot pay for their services. A mediator should provide pro bono mediation services whenever it is appropriate.

Under the Mandatory Mediation Program, in order to be placed on a local mediation roster, mediators are required to conduct up to 12 hours of pro bono mediations over a 12-month period, starting from the time they are admitted to the roster. If a mediator has already conducted 12 hours of pro bono mediations over a 12-month period, they can refer any pro bono mediation assigned to them back to the local mediation coordinator.

It is the mediator’s responsibility to inform the local mediation coordinator of any pro bono mediations they have done. The mediator must not disclose that mediation services are being done on a pro bono basis to anyone but the local mediation coordinator.

Local mediation coordinator responsibilities

If you cannot afford to pay the mediator’s fees and cannot obtain a legal aid certificate, the local mediation coordinator will look at your financial situation and determine if you are eligible for a pro bono mediation. If you qualify, the local mediation coordinator will tell the assigned mediator not to charge you for a mediation. The local mediation coordinator will not knowingly assign a pro bono mediation to a mediator who has indicated they have already conducted 12 hours of pro bono mediation in a 12-month period.

The local mediation coordinator will not disclose that mediation services are being conducted on a pro bono basis to anyone other than the assigned mediator. Details of your financial circumstances will be kept private and confidential.

Determining financial eligibility

The financial eligibility test for mediation services is based on a client’s income, liquidity and net worth. Mediation services will not be provided on a pro bono basis if you have income, liquid assets or a net worth above the amounts detailed below.

If you want pro bono mediation services, you will need to disclose financial information for yourself, your spouse and any dependent children.

Definitions

Dependent child

A dependent child is a child who is:

  • unmarried
  • under the age of 18 or enrolled in a full-time program of education
  • not withdrawn from parental control (for those 16 or older)

A dependent child includes an adopted child.

Gross income

Gross income includes all payments of any kind received by or on behalf of you, your spouse and any dependent children. This includes but is not limited to income from:

  • employment, including salaries, wages, commissions and bonuses
  • social assistance, Canada pension, Old Age Security, other pensions and disability benefits
  • employment insurance benefits
  • workers’ compensation
  • rental income
  • support received
  • investment income or income from annuities and income funds
  • income from a business

Liquid assets

Liquid assets are all assets owned by you, your spouse or dependent children that can be readily converted to cash, which includes but is not limited to:

  • cash
  • Canada Savings Bonds
  • bonds
  • stocks
  • debentures
  • RRSPs (not locked in)
  • Guaranteed Investment Certificates
  • mutual funds
  • any interest in assets held in trust

Liquid assets do not include:

  • vehicles
  • household furnishings
  • tools or equipment necessary for employment

Net worth

Net worth is the difference between the value of all your assets and property holdings and the value of all their financial liabilities and debts.

Spouse

Spouse is defined in accordance with the Family Law Act as either of two persons who are:

  • married to each other
  • who are not married to each other and have cohabited continuously for a period of not less than three years, or have lived together in a relationship of some permanence and have a child together

Income test

If the primary source of family income is from one of the sources listed below, pro bono mediation services will be provided without applying the eligibility test:

  • Social assistance
  • Old Age Security with guaranteed income supplement
  • War Veterans Allowance
  • Canada Pension Plan (only if primary source of income)
  • Workers’ Compensation Benefits which are temporary and threatened

If the primary source of family income is not from one of the above sources, you must record your total gross income from all sources (annual or monthly) on the financial eligibility form provided by the local mediation coordinator by selecting the applicable income range. Those parties with an income above the gross income cutoffs will not qualify for pro bono mediation services.

Gross income cutoffs

The following chart outlines the gross income cutoffs according to family size:
Family size Monthly gross income Annual gross income
One person $1,500.00 $18,000.00
Two people $2,250.00 $27,000.00
Three people $2,583.00 $31,000.00
Four people $3,083.00 $37,000.00
Over five people $3,583.00 $43,000.00

Liquidity test

You will not qualify for pro bono mediation services if your liquid assets are worth more than $1,500.

Net worth test

You will not qualify for pro bono mediation services if your net worth is more than $6,000.

Non-cooperation

If you are applying for pro bono mediation services and you refuse to complete the financial assessment or provide financial information, including making a declaration on the financial eligibility form, you will not qualify for pro bono mediation services.

Verifying financial information

During the financial assessment interview, you must:

  • provide financial information verbally to the local mediation coordinator
  • complete the financial eligibility form provided by the local mediation coordinator
  • make a declaration that the information you have provided is accurate

There is no requirement to provide any other verification of your financial information.

Confidentiality

The local mediation coordinator will not disclose that mediation services are being conducted on a pro bono basis to anyone other than the assigned mediator. Details of your financial circumstances will be kept private and confidential.

You will be entitled to obtain a copy of the financial eligibility form if you request it.