Mediation

Mediation

What is family mediation ? Family mediation can help you negotiate an agreement on an amicable basis, in the interest of all family members, and can also help reduce legal costs. The agreement may cover child custody, child support, division of assets and any other disagreement in regards to the separation. It is important to understand that everything that is said or written during mediation remains confidential and cannot be repeated or filed in court if the negotiations fail.

What is the mediation process ? Firstly, the mediator explains his/her role and the process, evaluates your situation, helps you to identify the topics and asks you to sign a mediation contract which outlines the rules. In subsequent sessions, the mediator will assist you in resolving the specific topics. Once the sessions are complete, the mediator writes a report on all the elements you will have agreed upon.

What are the costs related to mediation ? To promote family mediation, since 2012, the government pays the fees of certified family mediator. Therefore, you could be eligible to 5 hours of free professional services, if you are in the process of separating or 2 hours 30 minutes, if you already have an agreement or court judgment but wish to have it reviewed, if you have already received family mediation services, or if you have already obtained a judgment ordering separation from bed and board (legal separation).

Here is a summary of some our fields of expertise :

  • Information Session and Mediation
  • Drafting of Agreements

FAQ

What is mediation?

Family mediation is a way to resolve family conflicts. It is aimed at couples who are in a separation or already separated, with or without children, whether they are married or common-law . It provides a space-time within which to discuss issues relating to child custody, child support, sharing of property or any other matter of discord between you.

It is therefore not a couple therapy since the process focuses rather on the psychological-legal aspects of a separation.

I am convinced that my ex-spouse and I will never get along. Since we will never be able to see things the same way, what is the advantage of going to mediation?

To try meditation, it is not necessary to agree beforehand or even to share the same vision. The only prerequisite is the willingness to take the time to try to find solutions to facilitate this family transition. The role of the mediator is to facilitate communication between you and to propose solutions.

It should be known that the judicial process can sometimes stretch over several months or even more than a year. In the end, a judge will decide which direction to give to your new family situation. By its nature, the agreement concluded in mediation has the effect of empowering each of the parties and, above all, giving you control over what happens to you.

In short, you have nothing to lose by using mediation, but everything to be gained, which is a fair agreement and adapted to the needs of all members of the family, at a lower cost.

My ex-spouse and I already have each of our lawyers and procedures are underway. Is it too late to go to mediation?

No. It is never too late to use mediation. This is often a way to re-establish dialogue between you and to clean up your relationships. If you are already represented, your lawyer will be able to provide you with the legal basis for the negotiations, as well as revise and ratify the final agreement to the Court, if applicable.

I am afraid that my ex-spouse will take advantage of the mediation to obtain information that will then be used against me in court. How do I protect myself?

Anything that is said or written in mediation is strictly confidential and cannot be repeated or produced in court. Thus, in the event that mediation fails and you need to resort to the courts, a judge will not hold any evidence or document from your sessions.

For example, if you admit that you do not report all your income on your tax returns, the other parent will have to demonstrate this fact by factual evidence and not solely on the basis of these statements.

What are the costs associated with mediation? Do these costs depend on my family income?

To encourage you to use mediation, the government has since 2012 paid the fees of accredited family mediators, regardless of your family income, whether you qualify for legal aid or not.

You have at least one dependent child You are in the process of separation 5 hours Free Beyond these hours, the hourly rate prescribed by law is $110.00.
You want to make a change to your agreement or judgment 2 hours 30 Free (*)

We finally reached an agreement: my ex-spouse must redeem my share of the house. On my side, I have to change my will and my protective mandate to remove his name. We would also like to see the agreement filed with the court. Do you offer these services?

We actually offer a turnkey service once the agreement is reached. Our professionals can assist you with:

Lawyer Notairy
-Last verification of the validity of your agreement

-Filing of court proceedings  for approval by a judge

 – Your Real estate transactions (refinancing, mortgages, sales, etc.)

– Your Personal documents (Will, protection mandate, power of attorney, etc.)

Do not hesitate to contact us for any questions related to these services.