Mediation
Family Mediation is a process where a neutral, impartial third party, a certified Family mediator, assists you and your former partner to identify and communicate your interests and needs and find your own solutions to aspects of your separation.
What is Mediation?
The mediator will inform you of the law and explore possible solutions and the probable consequences of various solutions.
Mediation is confidential and the information shared in mediation cannot be shared outside of mediation or later raised in court proceedings.
The mediator does not make decisions for you. The mediator facilitates honest, respectful communication and assists you to come to a mutually satisfactory agreement.
The large majority of family law cases that begin with court proceedings settle before going to a final trial. Why not go straight to family mediation and avoid contested legal proceedings?
What will the mediation process look like?
1
You will begin by each completing an intake form and each person will have an individual call with the mediator. The mediator will evaluate if you are a good fit for family mediation.
2
During the first mediation session, either held in person or virtually, you will identify the topics that you want to discuss, the priorities, how payment will be shared and review and sign the mediation contract.
3
During the mediation meetings, you will explore various solutions and have open, constructive communication. You will exchange relevant information and documents.
4
If you come to an agreement on all or some of the aspects of your separation, the Mediator will present you with a Summary of Agreements for your review and approval.
Mediation |
Litigation |
| Generally less costly. | More costly and unknown costs. |
| A discussion. Asking questions. | Adversarial, confrontational system. |
| Former partners are partners. | Former partners are adversaries. |
| You decide on what is best for you and your children. | A third party (judge) decides on arrangements for you and your children. |
| Generally can take several months. | Can last several years. |
| You decide on each step of the process. | You have less control over each step of the process and the outcome. |
| You are working on maintaining or improving your co-parenting relationship. | Your communication may break down and be negatively affected by the conflictual nature of court proceedings. |
| Informal process. | Formal process with many procedural rules. |
| You will place your children’s interests at the centre of your discussions, and, in some cases and if both parties agree, your children may meet with the mediator. | In some cases, your children may be given a lawyer and come to testify in court before the judge. |
| Clients are encouraged and empowered to speak for themselves. | Lawyers speak for the client. |
| Objective: mutually satisfactory solution. | Objective: to win. |
The large majority of former partners come to an agreement in family mediation.
FAQs
Don't Edit
Mediation works when both people are in good faith and are ready to be transparent and cooperative in finding a solution. There must be respect, trust, and an equilibrium of power between the two parties.
If there is a high level of conflict between you and your former partner, a lack of respect and a significant imbalance of power, mediation may not be the right service for you.
How do I know if mediation is for me?
If there is a high level of conflict between you and your former partner, a lack of respect and a significant imbalance of power, mediation may not be the right service for you.
What is the cost of Family Mediation?
The Government of Quebec pays for several hours of mediation for all couples separating in Quebec:
- 5 hours of family mediation for couples who are separating with dependent children.
- 3 hours for couples who are separating without dependent children.
If you have already used family mediation or have a court judgment and have new issues to address, you could be eligible for 2.5 more hours.
***Please note that these hours include both the sessions with the mediator and the mediator’s work outside of the sessions.
If you begin with the hours paid for by the Government of Quebec, any additional hours will be at the fixed rate of $130 per hour, plus tax, that you will pay directly to your mediator.
If you have already used all of your five hours with one mediator and you did not come to an agreement, but now would like to change mediators, you will pay the new mediator’s private hourly rate.
When does mediation begin?
Mediation begins when the decision to separate has been made and both parties agree to begin the mediation process. It can take place, during or after your legal procedures at court. You do not have to wait until one year after you separate to begin mediation.
Do I have to wait one year after I separate to begin mediation?
No. You can begin mediation as soon as you have made the decision to separate and both parties accept to begin.
What is the role of the former partners in mediation?
- You participate in mediation voluntarily.
- You participate actively in the discussions.
- You provide to the mediator and the other party all documents that are requested and necessary to explore possible solutions and come to an agreement.
- You contact outside resources if necessary to assist in coming to an agreement, for example: lawyer, accountant, therapist, or real estate agent.
What topics may be discussed in mediation?
- The time and schedule for when the children will be with each parent.
- Parental responsibilities (decisions concerning health, religion, education, etc.).
- Child support payments and other costs for the children.
- Division of the property (ex: home, car, pension plans, etc.).
- Common debts.
What is the legal weight of the summary of agreements that I receive at the end of mediation?
The Summary of Agreements is a reference or consultation tool. It is not a contract and does not have legal weight on its own, and it is important that you do not sign the Summary of Agreements. If you would like to put what you have agreed to in mediation into a legally binding agreement, please consult Joint Agreements page.
Can I begin mediation if I already filed a contested court application?
Yes. In this case, the parties must agree to suspend the proceeding during the mediation and obtain the authorization of the court to begin mediation.
Do I get a divorce judgment at the end of mediation?
- No. You will obtain a summary of agreements. This is a working document indicating what you agreed on. It is not a contract.
- If you would like to get divorced, I can then prepare a joint application for divorce for you. I offer this service for a set fee.
How will my children’s interests be taken into consideration in mediation?
- The needs and interests of your children will be at the centre of the mediation process. The Civil Code of Quebec provides that “every decision concerning a child shall be taken in light of the child’s interests and the respect of his rights”.
- In some cases, if both parents are in agreement, the mediator may meet with the child.
I already went to mediation and obtained a divorce judgment several years ago. Now my co-parent and I cannot agree on the choice of high school for my child. Can I use mediation again?
- Yes. You can use mediation anytime there is a new issue to address in your co-parenting relationship.
- Each time there is a new issue to address, you can benefit from 2.5 hours of mediation, paid for by the government (this includes the mediator’s work in and out of the sessions). Remaining hours if required will be borne by the parties at $130 per hour plus tax.