Rights and Responsibilities

Understanding Your Role and What to Expect in Quebec Family Mediation

Legal Framework

In Quebec, family mediation is governed by the Code of Civil Procedure and the Regulation respecting family mediation. These laws ensure that the mediation process is fair, confidential, and conducted by qualified professionals.

Your Role in the Mediation Process

Voluntary Participation

Mediation is a voluntary process. You can choose to participate and may withdraw at any time without penalty.

Active Engagement

You're encouraged to actively participate, express your concerns, and work collaboratively toward mutually acceptable solutions.

Honesty and Transparency

Both parties are expected to share relevant information openly to facilitate a fair agreement.

Ensuring a Fair and Safe Process

Impartial Mediators

Mediators must remain neutral, facilitating discussions without favouring either party.

Confidentiality

Discussions held during mediation are confidential and cannot be used as evidence in court. I am committed to fully respecting the confidentiality of this process, within the limits set by law. However, in certain exceptional situations, a court may decide to lift this confidentiality.

Screening for Power Imbalances

Before mediation begins, mediators assess for any power imbalances or family violence to ensure a safe environment.

Mediation Agreements

Summary of Agreements

At the end of mediation, the mediator provides a written summary of the agreements reached. This document is not legally binding on its own.

Legal Validation

To make the agreement enforceable, it must be homologated (approved) by a court.

Costs and Government Support

Subsidized Sessions

The Government of Québec offers up to 5 hours of free mediation for couples with children, up to 3 hours for those without children, and up to 2.5 hours if you already have a judgment or an agreement. The mediator’s work is included in the allotted time.