What is Family Mediation?

Family mediation is a process of preventing and settling disputes in the context of separation. With the help of an impartial third party, the mediator facilitates the discussion around the division of assets, and if children are involved, parental responsibilities including parental decision making, parenting time, and child support payments.

 

Family Mediation is a voluntary process, premised on good faith, which aims to help partners make informed decisions about their future. The role of a family mediator is to explore needs and provide information about the separation proccess with the aim of reaching a mutually satisfactory agreement.

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Family mediation is a reserved and regulated practice which can be exercised by the following professionals: lawyers, notaries, guidance counsellors, psychologists, social workers and psychoeducators, as well workers from a health and social services agency.

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Family mediation is not...

• Family therapy - Mediation does not aim to resolve conflictual family dynamics or reunite spouses

• Legal counsel - Regardless of vocation, the mediator's role remains the same: to provide general legal information; however, outside mediation sessions, you have the right to consult a lawyer at any time.

• A legal judgement - the conclusions of mediation hold no legal weight but subsequent steps can be taken to legalize any agreements.
   

Who is Family Mediation for?

Spouses who want to settle things amicably. To preserve the spirit of collaboration, family mediation is more complexe in situations of domestic violence.

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How does it work?

Once both spouses have agreed to mediation, one spouse contacts the mediator to set up an initial meeting with both parties. The first meeting serves to outline the service (mandate, the process, confidentiality, limitations, honorariums – etc) and identify which topics will be discussed in mediation. Subsequent meetings serve to negotiate needs. A Summary of Mediated Agreements can be produced at the end upon request.

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There is no fixed duration and it will depend on the complexity of the case. As a voluntary process, either spouse may end services at any point. The mediator may also end services in certain circumstances.

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What happens afterwards?

At the end of the mediation process, a Summary of Mediated Agreements can be produced upon request. This can be used to ratify the agreement. Should require further assistance, you will be referred to the appropriate professional. In the case of a divorce, you must submit an application for homologation to the courts to finalize your legal separation.

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How much does it cost?

I have opted into the government subsidy program which covers a fixed number of hours depending on circumstance:

• 3 hours for couples without children (from that relationship)

• 5 hours for couples with children (from that relationship)

• 2.5 hours for a judgement or revision

Any additional hours are billed at a fixed rate of  130$ per hour. Refer here for more details.

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How do we get started?

Contact me for a free 15-minute phone consultation. I can answer questions and provided both spouses agree, we can open up a file. I will send you a document to complete, along with a list of documents which will be needed to facilitate the mediation process.

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