Q: How does Family Mediation work?

The process of family mediation consists of working with an accredited professional who assists individuals come to an amicable resolution through all categories of conflict that may result from a separation. It is intended for legally married couples and de facto spouses. More than ever before, individuals are seeking mediation services as a sounder, civilized and cost-effective process of resolving conflicts they face during the course of a separation. When the parties reach a settlement, a summary of all the agreements will be redacted at the end of the mediation process. This summary is written and signed by the mediator, and a copy of it will be given to the parties.

It should be noted that legal proceedings, as well as divorce applications, are not included in the government-funded program. You can have your agreement confirmed by the court or have it approved by the special clerk in order to make it enforceable. 

Q: What is the role of a Mediator?

During a Mediation session, the Mediator: 

• guides the process to support the parties reach a voluntary agreement;

• ensures stability and equality during the negotiations;  

• reduces the obstacles of communication; 

• preserves the interests of the children and their parents;

• recommends input from professionals

• proposes that the parents acquire an independent legal opinion before finalizing the summary of the points on which they agree; 

• reminds the parties that it is possible to end the mediation process without prejudice. 

Q: What is Government funded Mediation?

The following situations qualify for  funded Mediation sessions for a total 5 hours:

• Divorce or separation of a married couple with one or more dependent children between the ages of 0-18 years old or 0-25 years old if children are still in school. 

• Separation of de facto spouses (common-law marriage) with one or more dependent children between the ages of 0-18 years old or 0-25 years old if children are still in school. 

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The following situations qualify for  funded Mediation sessions for a total of 2.5 hours:

• Couples who are already divorced and wish to review the terms of their divorce judgment;

• Couples who are already separated and wish to review the terms of their separation judgment;

• Couples who have lived as de facto spouses with dependent children and wish to review the terms of their separation judgment; 

Q: Will 5 hours of Mediation suffice?

While it is generally achievable to cover all facets of a separation within this time frame, Mediation may require more than five hours depending on the circumstances. In this case, the mediator will charge the same hourly rate ($110 per session), as per government regulations.

Q: Are couples without children eligible for government funded Mediation?

Q: What topics are covered in Mediation?

• Child custody; 

• Visiting and outing rights; 

• Spousal support expense; 

• Child support expense; 

• Division of family patrimony; 

• Other rights arising from marriage or a civil union. 

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For more information on the provincial family mediation program, please visit the website of the Ministère de la justice du Québec at www.justice.gouv.qc.ca. 

Q: How is child support calculated?

Child support is generally calculated by the Quebec model. Based on the income of both parents and the number of children, the tables define an annual budget to meet children's basic needs. This budget is then divided between the parents according to the percentage of the income of the parents and the custody time.