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Family Law

What is mediation?

Jan 11th, 2023

By Charlotte Oger-Chambonnet

Family mediation is an alternative dispute resolution process in which an independent accredited mediator meets with spouses and/or parents and helps them reach an agreement to overcome the consequences of their divorce/separation. The mediation program is also available for parents who want to review a judgment or agreement.

It is an optional and voluntary process (both parties must agree to participate in the mediation and may terminate the process at any time).

The ministère de la Justice du Québec offers five (5) hours of mediation to couples with at least one dependent child. To review a judgment or agreement, the ministère offers two and a half (2.5) hours of mediation. The appointed mediator must have an hourly rate of $110 as prescribed by law in order to benefit from the mediation hours offered by the ministère. Otherwise, the parties must pay the mediation fees themselves.

If you reach an agreement, the mediator will prepare a summary of the mediation outcomes. It is strongly recommended that you consult a lawyer to have the agreement reviewed and/or sanctioned by the court.

Mediation is generally not advised in cases of domestic violence or psychological health problems.