You wish to separate legally? Need to revise a judgement? Mediation is the solution!
Are you having difficulty managingthe consequences of your separation with your ex-spouse? Perhaps Family mediation is the solution. If you are interested in this service, please make an appointment immediately with our accredited mediator.
What is family mediation ?
Family mediation is based on the search for solutions, negotiation, good faith, cooperation and respect.
The role of the family mediator is to help married, civil union or common-law, partners having taken the decision to end their common life, to negotiate a mutually satisfactory agreement, taking into account their respective interests but also in the children’s interests. Unlike the judicial process, family mediation is a voluntary process. Each spouse is free to participate or not. During these sessions, there will be discussion about (for example) parenting, access rights and the residence of the children, child support and / or spousal support, and, if applicable, family patrimony and matrimonial regime.
Family mediation is a confidential process. Spouses cannot use the information or documents obtained in the mediation process as evidence in court. They cannot summon the family mediator as a witness in court proceedings.
The mediator must always be neutral and impartial. The lawyer mediator is neither one nor the other spouse. Although the mediator can provide legal information to spouses, he – she should encourage spouses to obtain independent legal advice if necessary.
When an agreement is reached, the mediator shall prepare a document called “Aummary of Mediation Agreement.” However, this document has no legal value. It is important for spouses to undertake joint legal proceedings so that the court confirms their agreement and obtain a judgment permitting enforcement in the event that it would not be respected. Spouses may well give the mediator lawyer mandate to prepare the legal procedures that are necessary and represent them in court if any.
What are the costs of family mediation ?
Family mediation is free only in the following cases:
- Spouses with dependent children are entitled to 5 hours of free mediation.
- If this is the review of a judgment or agreement, spouses with dependent children are entitled to 2 1/2 hours of free mediation.
Thus, if more sessions are needed or if the spouses have no dependent children, spouses must cover the fees of the mediator.
It is important to know that joint legal proceedings following the mediation process are always the responsibility of the spouses, and that, even though the hours mentioned above have not been depleted.