Family mediation
We are separating and we want to agree on custody of the children, support and the division of our property, without ending up in front of a judge. Where do we start?
Agreeing rather than fighting
Family mediation is a voluntary and confidential process that allows spouses who are separated, divorced or who have decided to end their life together to identify the issues arising from their breakup, to discuss them and to negotiate their own solutions suited to their situation.
Neutral and impartial, the accredited family mediator facilitates the discussions without taking sides or deciding in the spouses’ place. She guides them through the issues submitted to mediation, including:
- the sharing of parental responsibilities, including the exercise of parental authority, the children’s residence, parenting time and the sharing of financial responsibilities toward them;
- the division of property, including the family patrimony, the secondary regime and property acquired by contract;
- financial support between spouses, when this question needs to be addressed;
- any other question related to the consequences of the breakup that the spouses agree to discuss.
The process rests on voluntary participation, good faith, mutual respect and full disclosure of relevant information, including financial information. The mediator structures the discussions, helps the spouses clarify their needs, interests and means, and encourages the search for a workable agreement that is satisfactory to both parties.
The mediator helps the parties reach a workable and satisfactory agreement themselves. She facilitates communication, but does not play an active role in the decision-making process and imposes no solution. She makes sure each person has the information needed to make informed decisions, then records the agreements reached in a summary of mediation agreements.
Each spouse remains free to consult an independent legal advisor before signing any agreement likely to affect their present or future rights and obligations.
The issues submitted to mediation may include the exercise of parental authority, the children’s residence and parenting time, the sharing of financial responsibilities toward them, financial support between spouses, the division of property and debts, and what happens to the family residence. For spouses who are married, in a civil union or covered by the parental union regime, mediation may also cover the property consequences of the breakup, including the partition of the family patrimony, the liquidation of the matrimonial or civil union regime and the rights arising from the parental union.
Why a notary mediator
Accredited as a family mediator, Me Sevgi Kelci sits on the board of the Comité des organismes accréditeurs en médiation familiale (COAMF) as the representative of the Chambre des notaires du Québec, contributing to the development and oversight of family mediation in Quebec.
Her notarial practice, focused on the family, the protection of the person, estate planning and real estate, lets her see right away the consequences of an agreement on each person's property, residence and estate. Meetings are held in French, English or Turkish.
Our support in 4 steps
1. The initial meeting
The mediator holds an initial meeting with the spouses to explain the mediation process, the terms of the mediation services contract and of the consent to mediation, check that mediation suits their situation and identify the issues that will be submitted to mediation.
2. The mediation sessions
The mediation sessions are held in the presence of the mediator. During these meetings, the spouses discuss the issues submitted to mediation and work out solutions suited to their situation. The mediator facilitates the exchanges, makes sure everyone is heard and supports the parties in their reflection, to help them reach a workable and fair agreement.
3. The summary of agreements
Once the mediation sessions are over, the mediator drafts a summary of agreements setting out the mediation agreements reached between the parties. This step generally marks the end of the mediation process.
4. Formalizing the agreement
If needed, the parties can then mandate the notary to prepare the required documents, including a draft agreement on accessory measures or a separation agreement, which can then be homologated or ratified according to the applicable procedure.
What mediation is not
Mediation is not couples therapy. It does not aim to reconcile the spouses, but rather to help them find solutions to the consequences of their breakup.
The mediator represents neither party. She acts neither as lawyer nor as notary for either spouse and does not give legal advice to one party only. Each spouse remains free to consult an independent legal advisor at any time.
The mediator supports the parties in their exchanges to help them reach a workable and satisfactory agreement themselves. She facilitates communication, but plays no role in the decision-making process and imposes no solution.
Mediation may end at any time at the request of either spouse, or of the mediator when circumstances no longer allow it to continue.
To find out whether family mediation suits your situation, write to Me Kelci or contact the office. The first exchange can help determine whether mediation is appropriate in your context.
