Qu’est-ce qu’une médiation?
Whether you are married or not, mediation is a method of dispute resolution available in Quebec to settle any conflict you may have in family matters (separation, divorce, division of family patrimony and liquidation of matrimonial regime for married individuals, child custody, child support, division of assets for unmarried parties, etc.). This process is entirely confidential, and any discussions held during mediation cannot be disclosed in court.
This process actively involves the parties in dispute. Mediation encourages the parties, with the assistance of a neutral person—the mediator—to seek solutions that suit both individuals. The mediator's objective is to facilitate communication between the parties to help them find common ground. Even within the mediation process, you can consult a lawyer before signing anything to ensure that the proposed agreement aligns with your needs.
Mediation can take place at any time, even if no court proceedings have been initiated.
The Ministry of Justice offers a family mediation program for couples with dependent children. This program provides access to a certain number of free sessions with an accredited mediator. For more information or to find an accredited mediator, please visit the following page.
What is an Amicable Settlement Conference?
The Amicable Settlement Conference (ASC) is a method of dispute prevention and resolution. It aims to allow parties who have brought their cases to court and are awaiting trial to attempt an amicable resolution. With the assistance of a judge from the Superior Court, the parties and their respective attorneys are invited to negotiate the outcome of their dispute outside of court. The process is similar to mediation but distinguished by the fact that the ASC is presided over by a judge and the parties are assisted by their respective attorneys.
The ASC is available to parties free of charge and does not commit them in any way. To maximize the chances of success, both parties must be willing to settle the dispute and be prepared to make certain compromises. No party will be compelled to accept a settlement that does not suit them, and the judge presiding over the ASC does not fulfill their usual role as a decision-maker in this process; instead, they act as a conciliator.
If the parties do not reach an agreement, the judicial process will continue, and a trial date will be set for the case to be heard.
This process is also entirely confidential, and the judge who presided over the ASC cannot be assigned to hear the case.
What is Collaborative Law?
Collaborative law is part of the alternative dispute resolution methods. Collaborative law is a confidential negotiation method that involves the direct participation of the parties and their respective attorneys. The goal is to reach an out-of-court agreement with the assistance of professionals in the field. The objective of this process is to enable the parties to achieve an amicable settlement in their case.
If this process does not lead to an agreement, the attorneys who participated in the collaborative process must withdraw from the case and cannot assist you if the case goes to court.
In Quebec, the Collaborative Law Group provides several resources about this process and maintains a directory of attorneys who have undergone the required training and practice this type of law: http://droitcollaboratifquebec.ca/en/.
What is a Parenting Information Session after Separation?
The end of a relationship is often challenging and comes with its difficulties, especially when the parties have children. Parents face new challenges and must now navigate their parenting in the context of separation.
Co-parenting courses aim to provide tools for the former parental team to continue to evolve despite the end of the relationship. Various approaches are explained to help parents communicate and also warn them against behaviors, attitudes, or words that could harm the cooperation that should continue to exist between them for the sake of their children.
Co-parenting emphasizes collaborative parenting. These courses strive to maximize the way decisions regarding children are made in daily life to ensure a consistent parental image for the child. Thus, despite the separation, the child finds stability and can grow up in a positive family environment with clear guidance.
Since January 1, 2016, parents have a "legal obligation to attend a parenting session after separation if you and your former spouse still disagree on matters related to your separation at the time of being heard by the judge."
Parenting information sessions after separation are offered for free by the Ministry of Justice. Each parent can individually register at the nearest courthouse, either through the courthouse's website or by phone. At the end of your participation in the session, a Certificate of Participation will be issued. This certificate will allow you to set a court date if your case remains contentious.
