The Obligation of Mediation in Family Law

Most individuals know that mediation exists in Family Law. Nevertheless, many are unaware that it is mandatory to seriously consider family mediation as a possible settlement option during a separation. Indeed, on January 1, 2016, the Code of Civil Procedure was amended in order to promote alternative dispute resolution methods. These alternative dispute resolution methods include family mediation. The goal is to encourage people who have a dispute to try to reach an agreement before resorting to the courts immediately, thereby promoting agreements.

It bears noting that it is not mandatory to proceed with mediation. All individuals are free to use it or not.

As described above, let us remember that family mediation is used to settle a separation and its consequences without having to go through the legal system. In other words, choosing mediation will save you from having to go before a judge in court. A neutral third party, known as an “accredited mediator” is used to guide the parties to help them resolve their differences during a separation. The issues that can be discussed and resolved during mediation are: custody, child support, division of property, etc. Mediation can be used at any time by the parties, even if legal proceedings have been initiated.

In any situation involving the interests of the parties and a child, it will be mandatory for them to attend a parenting and mediation information session. Prior to 2016, only attendance at the mediation information session was required to set a trial date and these sessions were only required for child custody disputes. This is no longer the case today. Both married and common-law couples are subject to this requirement. In addition, it should be noted that the addition of the parenting session addresses several important issues such as parents' conflict and their responsibilities to their children.

Finally, the advantages of mediation are numerous. The parties remain in control of their decisions, the process is less expensive, less arduous, and much quicker.

Me Samar Bentaleb

Alepin Gauthier Avocats Inc.

This text contains legal information of a general nature and should not replace legal advice with a lawyer or notary who will take into account the particularities of your situation.