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Frequently asked questions
What is family mediation?
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.
Government-Funded Mediation
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.
Will 5 hours be sufficient to address all aspects of our separation?
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.
What topics are covered during family mediation?
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.
Non-Funded Family Mediation
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.