Did you know that the mediation service offered by the Small Claims Division is entirely free?
The answer to the question in title is no, mediation is never mandatory.
However, participating to an information session on mediation is mandatory before the Superior Court if you wish to be heard by the Judge in the cases of a dispute between the parties regarding child custody, spousal or child support, or the sharing of the family patrimony (see article 814.3 of Code of Civil Procedure of Quebec).
Also, it will be written in the new Code of Civil Procedure of Quebec, which was adopted in February 2014 and will be effective this fall 2015, that all parties to a dispute shall consider mediation or another settlement or prevention mode before taking to Court (saisir le tribunal).
Considering that more than 80 % of family mediations end by an agreement in Quebec, it is desirable that mediation shall be encouraged and suggested dispute of all matters between two parties before going in Court!
Written by Me Nancy Drolet, Accredited mediator and associate attorney