Mediation is a process designed to provide explanations and to validate, to share and to obtain information. The goal is to find solutions based on everyone's interests. Family mediation takes into account the needs of everyone that is affected by the separation, as well as the children's best interests.

Family mediation is a process during which an accredited professional helps couples come to an amicable resolution of all types of conflicts that may result from a separation.

It is intended for legally married couples, de facto spouses and conjugal partners.

We offer two types of family mediation:

• Government-funded mediation (funded by the Ministère de la Justice du Québec);
• Non-funded mediation.

You can consult our pamphlet "La médiation familiale, c'est pour vous?" to learn more.

The judicial process to go through during a divorce can be very expensive. Fortunately, mediation can help to greatly reduce the costs defrayed by promoting understanding between the parties rather than using the courts. The mediator may accompany them throughout the process by informing them of neutral and impartial manner and in guiding them in their dealing. He can also proceed with the various judicial procedures for the declaration of divorce.

The following situations qualify for funded mediation sessions for a total 5 hours:

• Divorce or separation of a married couple with one or more dependent children;
• Separation of de facto spouses (common-law marriage) with one or more dependent children;

The following situations qualify for funded mediation sessions for a total of 2.5 hours:

• Couples who are already divorced and wish to review the terms of their divorce judgment;
• Couples who are already separated and wish to review the terms of their separation judgment;
• Couples who have lived as de facto spouses with dependent children and wish to review the terms of their separation judgment;

If additional appointments are required, they are available at a regulated hourly rate of 110 dollars.

This service is also offered to childless couples who are not illegible to government-funded mediation at an hourly rate determined by the mediator.

Can court action be taken in relation to our settlement? Is this included in the government-funded program?

The government-funded program does not include entering into legal procedures. On a flat rate basis, our firm can obtain and prepare all of the necessary documents of a separation or divorce application.

It is the couple who makes the decision to separate; therefore, it is also up to the couple to reach a settlement. Although it is usually possible to cover all aspects of the separation within this time frame, mediation may require more than 5 hours. In this case, the mediator will charge the same hourly rate as the government-funded hours, as per regulations: $110 per session.

When the parties reach a settlement, a summary of all the agreements will be redacted at the end of the mediation process. This summary is written and signed by the mediator and a copy of it will be given to you.

It should be noted that legal proceedings, as well as separation or divorce applications, are not included in the government-funded program. You can have your agreement confirmed by the court or have it approved by the special clerk in order to make it enforceable.

Can we obtain a ruling in regards to our agreements and is this included in the subsidised program?

The government-funded program does not include entering into legal procedures. On a flat rate basis, our firm can obtain and prepare all of the necessary documents of a separation or divorce application.

The covered topics include:

• Child custody;
• Visiting and outing rights;
• Spousal support amount;
• Child support amount;
• Division of family patrimony;
• Other rights arising from marriage or a civil union.

For more information on the provincial family mediation program, please contact us or visit the website of the Ministère de la justice du Québec at www.justice.gouv.qc.ca.

Mediation will be effective and helpful to help resolve a conflict, especially in the following situations:

- When emotions are very strong and make the conflict more complicated;
- When parties work together and cannot avoid the situation;
- When several people are involved in the conflict;
- When there is a desire to maintain healthy human relationships;
- When important decisions must be taken;
- When help is needed to resolve a conflict;
- When parties wish to avoid formal procedures.

The funded program only applies to couples with children. We believe that mediation is a respectful, efficient and inexpensive way to resolve all of the issues resulting from a separation. We offer this service at an hourly rate.

Once the summary of agreements has been written, you can have your agreement confirmed by the court or have it approved by the special clerk.

We can complete all of the legal proceedings related to your separation on a flat rate basis.

Child support is usually calculated from the Quebec model for determining child support. From the income of both parents and the number of children, the tables determine an annual budget for children's basic needs.

This budget is then divided between the parents according to the proportion of the income of the parents and the custody time. The budget should follow the children. So, this means that if the kids are in the sole custody of one of the parents, the total budget must be available to that parent. This is called a transfer request from one parent to the other and creates the alimony obligation. In joint custody, the budget must be 50% on each side. When parental incomes are unequal, the proportion of the budget held by each parent is not equal to 50%. The alimony support thus serves to balance the budget.

Visit our brochure "Understanding child support" to learn more.

For more information on the expenditure included in alimony, do not hesitate to contact us.

Under section 596.1 CCQ, parents have an obligation to keep up-to-date of changes in their income. On request, the other parent must provide the information on their income annually. With this information it is possible to adjust the payment of maintenance by performing a new calculation. Judgment may however be necessary to ensure that these modifications will take effect.

We present an interesting article about sharing RRSPs in the case of a divorce. We invite you to read it by visiting the following link: http://affaires.lapresse.ca/finances-personnelles/train-de-vie/201308/14/01-4679828-divorce-comment-partager-lepargne-retraite.php

It is possible you are hesitating between the two following options: mediation or litigation.

Here is the distinction between these two concepts.

People who choose mediation are usually interested in maintaining a good relationship with each other, in the medium and long term. In spite of the conflict they are experiencing in the present, the communication between the parties is advisable, and each person is open to compromise.

We then think of the mediation process.

Mediation meetings are usually attended by all parties and by the mediator, the latter being a neutral and impartial third party. Because mediation is a voluntary process, it is essential that all parties agree to the use of this process.

In some cases, the urgency of the protection of your rights or the irreconcilable differences between parties can lead to the use of judicial procedures. This is what is commonly called litigation.

In that case, each party can be represented by their own lawyer and communication is done through these lawyers.

Evidently, using the judicial option does not mean that agreements are no longer possible. They will be differently negotiated.

To sum up, it is not because you first choose one of these options that the other will no longer be possible afterwards.