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Family mediation is an alternative dispute resolution process in
which an independent accredited mediator meets with spouses and/or
parents and helps them reach an agreement to overcome the
consequences of their divorce/separation. The mediation program is
also available for parents who want to review a judgment or
agreement.
It is an optional and voluntary process (both parties must agree
to participate in the mediation and may terminate the process at
any time).
The ministère de la Justice du Québec
offers five (5) hours of mediation to couples with at least one
dependent child. To review a judgment or agreement, the
ministère offers two and a half (2.5) hours of
mediation. The appointed mediator must have an hourly rate of $110
as prescribed by law in order to benefit from the mediation hours
offered by the ministère. Otherwise, the parties
must pay the mediation fees themselves.
If you reach an agreement, the mediator will prepare a summary
of the mediation outcomes. It is strongly recommended that you
consult a lawyer to have the agreement reviewed and/or sanctioned
by the court.
Mediation is generally not advised in cases of domestic violence
or psychological health problems.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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