Family mediation and amicable separation services
To reach an agreement, for your family: Family mediation and amicable separation
In person at our offices or remotely, we offer family mediation services.
For more information, contact us at info@lettrebrown.ca or at (450) 332-0355, ext 102
What is family mediation?
Family mediation is a process in which a mediator (who is an impartial and neutral third party), chosen by both parties, with no decision-making powers, intervenes in a family conflict or in a negotiation between parties, to help the parties establish their needs and find their own solutions. Thus, the mediator helps to restore communication and provides a framework to allow the parties to find solutions that will be satisfactory to both parties.
We generally understand that family mediation is a service for couples who wish to separate, but this type of intervention can also extend to other members of a family, in case of family conflict – for example conflicts that arise between brothers and sisters during the settlement of an estate.
What are subsidized services in family mediation ?
For parents who have decided to separate and have at least one child together, minor or dependant adult, the Ministère de la justice of Québec pays a mediator for up to 5 hours of work. That covers the interviews, but also it includes the file handling charges, the preparation and research, and the summary of the mediator.
The Ministère also subsidizes 2,5 hours for parents who are already separated but need to revise certain agreements. That revision could cover, for example, the time sharing or the child support payments.
The appointments are decided by common agreement between the parties and the mediator.
Should the couple need more meetings or if additional work is required beyond the subsidized hours, the parties have to bear the cost of those meetings, at the rate prescribed by law.
If the couple have no children or if the children are now financially independent adults, they can also require the mediator services to help in their procedure.
We also offer private family mediation services at the regular hourly rate of the professional; these services are not covered by the subsidies of the government.
Please note that we offer a limited number of family mediation at the government rate and they are subject to availability of the family mediators. Call us to have information on the conditions and the rates.
Why choose a notary as a mediator?
A family mediator can be a notary, a lawyer, a psychologist, a social worker, an orientation counselor or a psychoeducator. Although all these professionals have received family mediation courses and training, they have skills and ease specific to their domain of expertise.
The notary is a specialist of family law, be it the marriage contract, the family patrimony, the various matrimonial regimes or the child and spousal support allowances. Once the mediation is finalized, the notary can, if you wish to do so, draft a formal separation agreement and introduce it to the Court, which psychologists, social workers, psychoeducators or orientation counselors cannot do. Should the separation involve the sale or the refinancing of a property or the updating of wills, the notary offers those specialized services as well.
The notary intervenes always with impartiality and neutrality to achieve an agreement that is satisfactory for all concerned, without aggravating the conflict. Contact Lettre & Brown Inc now for remote services or for services in our offices.
What are the advantages of mediation?
The main advantage of mediation is that it makes it possible for the parties to reach an agreement, for their own benefit as well as the benefit of their children. No decision is imposed to anyone. Let’s emphasize the fact that an agreement that is mutually satisfactory to both parties generally promotes more cordial exchanges in the future.
If the mediation fails, everything that was said, argued, negotiated, admitted or proposed during the meetings remains strictly confidential and cannot be introduced as proof in a court of law. If they go to court, the parties have to simply start from the beginning.
No matter how much time is dedicated to the mediation, it is still a faster way to settle the conflict than trying to solve everything without help or to start long and expensive judicial procedures in the courts.
The parties remain in control of the agenda as the meetings have to be agreed upon by all parties and the mediator. The series of meeting will be adapted to your specific needs.
Let’s highlight the fact that the subsidized program of family mediation offered by the Ministère de la justice of Québec is, for admissible couples, a definite financial advantage. For those couples who cannot benefit from this program, family mediation fees are generally much lower than those incurred when each party has his own lawyer.
In Quebec, the statistics prove the advantage of mediation: 82% of couples come to an agreement in family mediation.
If family mediation is something you are looking for, call us !
Frequently asked questions
It varies from one couple to the next, depending on the collaboration and communication between the parties, the number of things to negotiate and their degree of complexity.
The frequency of the meetings also has an impact on the speed of the proceedings; some couples want weekly meetings; others prefer meetings every other week or monthly.
In all cases, the parties will need to spend the necessary time and make efforts to reorganize their own personal and their family life in an equitable manner. Without unduly stretching the proceedings, it is important to take the time to come to decisions that are fair and viable for everyone.
No. The government program covers only the family mediation, that means reaching verbal agreements. Drafting of any document for divorce proceeding or the signing of separation agreements are billed irectly to the clients. Our specialists at Lettre & Brown Inc offer this service and will be able to inform you of the costs and delays applicable.
The government offers at no cost to couples who are separating an information meeting on Parenthood After Separation and on family mediation services. That meeting last about 2,5 hours and is accessible in many courthouses in your area.
For more information, for the procedure to register or for schedules in your area, contact the web site of the Ministère de la Justice in the section Free information session on parenting after separation | Gouvernement du Québec (quebec.ca)
Both parties must participate and attend each appointment in family mediation. You cannot force you spouse to participate in the process. The best thing you can do is give him/her all the information, explain all the advantages and invite him/her to a first meeting. There are no obligations to pursue the process if one of you is uncomfortable with the process or with the choice of mediator. Moreover, if you have children, this meeting could be entirely subsidized by the Ministère de la justice. This way, you can have a first meeting and decide after to pursue or not in family mediation.
If your spouse persists in his/her refusal to go to a first meeting, you will have no choice to find an alternate solution or hire a lawyer to present your case to the court.
In all cases, the parties must provide the following documents:
- 2 official proofs of identity with a picture;
- Birth certificate from the Direction de l’état civil du Québec;
- All judgments rendered between them in the past (divorce judgment, separation judgment, accessory measures judgment), if applicable;
- Copy of all agreements already signed by the parties concerning their breakup.
If the parties are married or are in a civil union, they might have to provide a copy of these documents:
- Mariage certificate (or certificate of civil union’) from the ‘Direction de l’état civil du Québec’;
- A copy of the notarized marriage contract (or civil union contract), if applicable;
- A copy of the notarized Act of renunciation to family patrimony, if applicable;
- A recent pay stub;
- A copy of the Federal and Provincial Income tax declarations for the last 2 years;
- A copy of the Federal and Provincial Notice of Assessment for the last 2 years;
- For self employed spouses, a copy of financial statements for the last 3 years;
- Financial balance sheet;
- Statement of the actuarial value of retirement funds;
- Statement of the value of the RRSP;
- Act of acquisition of all immovable properties;
- Mortgage acts and statement of balance of hypothec, if applicable;
- Copy of municipal and school taxes, if applicable;
- Proof of ownership of all vehicles;
- Balance of all vehicle loans, if applicable;
- Personal budget (on form provided for during the first meeting).
If parties have one or more dependent children, they must also provide a copy of these documents:
- Photocopy of the birth certificate of each child;
- Recent pay stub of children, if applicable;
- Children’s budget (on form provided for during the first meeting).
Other documents could be required to process your file. The mediator will make a list with you during the first meeting.
Contact us (450-332-0355) to schedule an appointment for your family mediation. It is important to note that the mediator will not contact your spouse to request his presence in the mediation meeting. Trust the team at Lettre & Brown for your family mediation.
Yes. You can stop the mediation at any time, unilaterally and without justification. The same goes for your spouse. You will have to turn to other means to settle your separation. For all questions concerning family mediation, contact us !
We are your family notaries. We can help you.
Our services are available in our offices or remotely. Do not hesitate to contact us.