Avoid the stress, delays and costs involved in court proceedings. Settle the consequences of your separation through family mediation.
If you have dependent children, you could benefit from 5 hours of free mediation services, subsidized by the Government for a first agreement, then 2.5 hours for each revision of a previous agreement or judgment. If you do not have dependent children, you could benefit from 3 hours of free mediation services. Contact us to find out more.
When a couple separates, the family continues to exist and parents must continue to make decisions in the best interests of their minor children. Family mediation allows separated spouses and parents to find solutions to resolve disputes related to separation or divorce without going to court.
In Quebec, family mediators must be part of an approved professional association and must have completed three years of practice in their profession. They come from social and legal backgrounds. Only the following professionals can obtain the accreditation to act as mediators: lawyers, notaries, psychologists, psycho-educators, social workers, couple’s therapists and guidance counsellors.
The family mediator must follow mandatory training on family mediation and complete a number of mandates with supervision.
The family mediator is a neutral and impartial person who supports separated couples and parents in finding solutions to resolve the effects of their separation on the children and their property. They help them to dialogue efficiently in order to reduce conflicts and resolve them.
The mediator can suggest creative solutions to resolve impasses. The mediator puts at the center of all discussions the best interests of the children. The mediator offers a conciliation service supported by many years of expertise and professional training.
Does the mediator make decisions?
No. The mediator has an impartial role and has no power to impose anything. The mediator acts as a communication “facilitator” in order to foster peaceful dialogue between you and your spouse and to help you make important decisions for your future and the future of your children.
All consequences related to the breakdown of marriage or couple can be discussed and negotiated through family mediation. There are no limits to what can be discussed and agreed upon except for the limits imposed by law. For instance, the participants can discuss matters of parenting time (child custody, visitation rights), child and spousal support, division of marital property, parental decision-making, etc. The purpose of family mediation is to resolve all the consequences of separation in order to avoid litigating family matters in court. However, if the participants cannot agree on all the consequences, it is also possible to negotiate a partial agreement in family mediation.
There is a government subsidy and family mediation is free in the following cases:
Beyond the subsidized hours, you will have to honor the rate set by the government in the amount of $ 110 per additional hour.
No. After completing the meditation sessions and settling the consequences of your separation, the mediator prepares a summary of the agreements. This document is confidential and is used by a lawyer who can transpose it into an official legal separation agreement. The separation agreement must then be filed at court along with an Application for a Divorce in order to obtain a final divorce judgment. At JURINOVO, our lawyers can represent you to prepare and finalize your divorce proceedings.
The family mediator is not an arbitrator, judge nor marriage counsellor.
The family mediator’s role is not to impose any decisions. The family mediator promotes a respectful dialogue between the participants and can suggest creative solutions to resolve family matters and avoid disputing them in Court.
There are numerous advantages to settling family matters through family mediation rather than through court proceedings.
During the first call, the family mediator will evaluate your situation and determine if family mediation is a good option for you
You will start mediation sessions with the family mediator and negotiate all matters related to your separation: children, support, assets, etc.
If any agreement is reached on some or all matters, the family mediator will prepare a Summary of the mediated agreements.
Our lawyers can prepare the necessary proceedings to obtain a final court judgment that homologates your agreement.
The content of our website is provided for informational purposes and does not constitute a legal opinion. To obtain a legal opinion about your personal situation, please contact us and schedule a consultation with a lawyer.
© 2021 JURINOVO, Avocats / Lawyers Inc. All rights reserved.