Separating With Children: The Steps of Family Mediation
The essentials: when parents separate, family mediation helps them agree on custody, parenting time, child support and the division of property. The process often begins with a free parenting session, continues with an accredited mediator (5 hours paid by the government for a first agreement) and ends with a summary of agreements, which can be approved by the court.
Step 1: the parenting information session
The Ministère de la Justice offers a free online session on parenting after separation and family mediation. According to official sources, it lasts about 2 to 3 hours. Former partners attend separately unless they ask to attend together.
The session becomes mandatory when parents who disagree on an aspect of their separation are to be heard by a judge. A person who declares being a victim of domestic violence can be exempted, with an attestation from a recognized support organization.
Step 2: choosing an accredited family mediator
To benefit from the government-paid hours, mediation must be conducted by an accredited mediator. In Quebec, family mediators are accredited by bodies including the Barreau, the Chambre des notaires and professional orders such as the Ordre des travailleurs sociaux et des thérapeutes conjugaux et familiaux. The Ministère de la Justice publishes an official directory to find an accredited mediator.
Step 3: the mediation sessions
The mediator is neutral and does not decide for you. They help both parents find their own solutions. According to the Government of Québec, the process generally follows these steps:
- assessing the situation, including everyone’s safety;
- identifying the needs of the parents and the children;
- exploring, then analysing, the possible options;
- choosing a solution.
Topics can include parental authority, custody and parenting time, child support, the family patrimony and other property, and support between former spouses.
How many hours are paid?
For couples with dependent children, married or not, the government pays 5 hours of mediation for a first agreement, or 2.5 hours to review an existing agreement or judgment. The parenting session is in addition to these hours. Beyond that, the accredited mediator’s rate is set by regulation at $130 per hour. We detailed these amounts in our article How much does family mediation cost in Quebec?
Step 4: the summary of agreements
At the end of mediation, the mediator writes a summary of agreements. This document is not a contract and has no legal value on its own. The mediator generally recommends getting independent legal advice before making it official.
Step 5: court approval (homologation)
For the agreement to have the same value as a judgment, it can be approved by a judge or special clerk. This is required, among other things, for a divorce, a legal separation or the collection of support through Revenu Québec. Court fees apply, in addition to a lawyer’s or notary’s fees if you use one.
If there is domestic violence: according to the Government of Québec, family mediation is unlikely to be appropriate. It may sometimes proceed under certain conditions, and the mediator must assess everyone’s safety. If this is your situation, talk to a support worker, a lawyer or a notary.
Family mediation at Clinique Octobre
At Clinique Octobre, family mediation is offered by an accredited family mediator, in Laval or by teleconsultation anywhere in Quebec, in French, English and Arabic. To understand the free hours, also read our article Free family mediation in Quebec.
FAQ
Is the parenting session mandatory?
It becomes mandatory when parents who disagree on an aspect of their separation are to be heard by a judge. It is free and offered online.
How many mediation hours are paid with children?
The government pays 5 hours for a first agreement, or 2.5 hours to review an existing agreement or judgment. The parenting session is in addition to these hours.
Does the summary of agreements have legal value?
Not on its own. For it to have the same value as a judgment, it must be approved by a judge or special clerk.
Is mediation suitable if there is domestic violence?
According to the Government of Québec, it is unlikely to be appropriate. It may sometimes proceed under certain conditions, and the mediator must assess everyone's safety.
Do you offer family mediation?
Yes. At Clinique Octobre, family mediation is offered by an accredited family mediator, in Laval or by teleconsultation anywhere in Quebec, in French, English and Arabic.
Structured mediation, focused on your children
An accredited family mediator, government-paid hours depending on your situation, in French, English and Arabic.
Discover our family mediation serviceSources: Government of Québec, Family mediation · Éducaloi, The main steps in family mediation · Ministère de la Justice, Search for a certified family mediator. This article is informational and does not replace legal advice.
