Family mediation is a process whereby an impartial third-party, the mediator, helps couples or family members resolve disputes or conflicts outside of court. In the context of a separation or divorce, the mediator will help the parties resolve all the aspects related to their separation, which may include child custody, access rights, child and/or spousal support, property division or any issue of parental decision making). The goal of family mediation is to facilitate communication, promote understanding, and guide the parties toward a mutually agreeable solution. With the guidance of an experienced Montreal family mediator, parties work together to reach agreements that meet everyone’s needs without ever stepping into a court room.

1. Cost-Effective

Mediation is generally much less expensive than going to court. It avoids costly legal fees, court costs, and long trial processes.

2. Faster Resolution

Mediation often leads to quicker resolutions compared to the slow process of litigation. The parties involved have more control over the schedule and can meet as needed to resolve the issue.

3. Confidentiality

Unlike court proceedings, which are usually public, mediation is a private process. This helps protect the privacy of the parties involved and keeps sensitive matters out of the public eye.

4. Control Over the Outcome

In mediation, the parties involved have more control over the solution. Unlike a judge deciding the outcome, the individuals in mediation work together to craft a mutually agreed-upon resolution.

5. Preservation of Relationships

Mediation encourages cooperation and communication, which can help preserve relationships between the parties. This is especially beneficial in situations like family disputes or business conflicts where ongoing relationships are important.

6. Flexibility

The mediation process is highly flexible and can be tailored to suit the needs of the parties involved. There is no rigid structure, and mediators can adapt to the specific circumstances of the dispute.

7. Improved Communication

Mediation helps improve communication between the parties. It provides a structured environment where each party can express their concerns and listen to the other side, which can lead to a better understanding of each other’s perspectives.

8. Less Formal

Mediation is less formal than court procedures, which can reduce the tension between parties. This informal approach can encourage a more open and honest dialogue.

9. Higher Satisfaction with Outcomes

Because mediation results in mutually agreed solutions, participants are often more satisfied with the outcome. This sense of ownership over the solution can increase compliance with the terms of the agreement.

10. Reduced Likelihood of Future Disputes

Mediation helps parties find solutions that are satisfactory to both sides, which can prevent future disputes. The process encourages understanding and compromise, which can foster better relationships moving forward.

11. Emotional Benefits

In emotionally charged disputes, such as divorce or family matters, mediation allows participants to feel heard and supported. This can lead to emotional healing and a more positive outlook on the resolution process.

12. Less Stressful

The non-confrontational nature of mediation makes it less stressful than traditional legal proceedings, which can be tense and adversarial.

In summary, mediation provides an efficient, cost-effective, and flexible way to resolve disputes while promoting cooperation and maintaining relationships. It offers a more amicable path to resolution that often benefits all parties involved.

First, there is no third party (Judge) deciding your future. In mediation, the parties decide the outcome for themselves with the help of the mediator.

You can decide your timeline: You don’t have the stress or pressure of trial and you also don’t have to wait years for a court date to be heard.

Mediation is voluntary, so you can start when you are ready and you can end the process at any time if it does not meet your needs.
Mediation is significantly less costly in every sense: in time, money, stress and collateral damage.

Mediation is a less adversarial alternative to court proceedings which allows you to shift the dynamic of your relationship for your own peace and that of your family.

Mediation focuses on finding fair and reasonable solutions that meet everyone’s needs without the emotional and financial burden of a legal battle.

In mediation there is opportunity for healing, forgiveness, understanding and improved communication. The process allows for trying out different options and building trust to reach a desired outcome that is actually accepted and respected by all parties, as opposed to an imposed outcome that can be continuously met with resistance, resentment and lack of cooperation.

• Impartiality
• Experience & expertise : our mediators are experts in family law and conflict resolution
• Good communication skills: Our mediators will listen actively to make sure they understand all parties before offering solutions. They are also skilled at explaining complex issues clearly to help you understand, and they can help the parties articulate their needs and concerns;
• Empathy & emotional intelligence : We understand that a separation or any type of family conflict can be stressful. We are here to support you, to provide a safe space for you to express your needs and emotions and to help de-escalate the conflict so that it doesn’t have to be so hard;
• Problem solving abilities: We are experts in helping you find solutions that meet everyone’s needs – you just have to be open minded
  Confidentiality:
  Patience : Mediation is a process.
  Flexibility: The ability to adapt to the needs of your particular situation

You do not need to consult a lawyer to participate in mediation. However, it is always advisable to obtain independent legal advice prior to signing any final agreements.

Consulting with a lawyer prior to starting mediation can be helpful (as long as it is the right lawyer). When parties are well-informed they are more comfortable, confident and empowered to have these conversations in mediation and they are also more reasonable/realistic in their demands as they are aware of their rights and obligations. That said, some couples base their agreements on fairness and what works best for their family and don’t feel they need a lawyer at all.

You are free to consult your lawyer as little or as often as you want through the mediation process. Some parties like to have their lawyers with them in the mediation (which is possible with private mediation). Some consult their lawyers prior to each mediation session, others only want to consult their lawyer at the end of the process and others choose not to have a lawyer at all.

In mediation, we will always take you through the basic law that applies to your situation in a general sense and review all aspects that need to be addressed in order to obtain a divorce judgment (if that is the intention of the parties). We will explain how child support and spousal support are calculated, if applicable. We will explain the family patrimony and the matrimonial regime and what is included in each. However we do not provide individual legal advice so if you want to make sure you have considered any individual claims you may have it is a good idea to consult an independent lawyer.

The timeline for mediation varies depending on the complexity of the issues and the willingness of both parties to cooperate. Many cases are resolved within a few sessions, making mediation a much faster option compared to litigation, which can take months or even years.

If an agreement cannot be reached through mediation, parties may choose to pursue other options, including negotiation through lawyers or litigation. However, even partial agreements achieved in mediation can make the court process easier and more efficient.

Agreements reached in mediation can be made legally binding by drafting a Separation Agreement, which can then be formalized in court. This ensures that both parties have a clear, enforceable resolution. However, this is only done after the parties have had the chance to review their Summary of Agreements in Mediation (which is not yet binding), and decide to convert this Summary into a Consent to Judgment or Separation Agreement. This step is separate from the mediation process but when you work with us at LG Mediation, your mediator, who is also a lawyer, can simply change hats (and mandates) and prepare it for you in her capacity as a lawyer representing both parties equally so it is done easily and seamlessly.

Mediation (whether private or government mediation) typically costs significantly less than litigation. Unless you qualify for legal aid, bringing a file to court on a contested basis costs A LOT. The time and preparation required to properly prepare a file, the unavoidable procedural steps, the letters back and forth, the preparation of affidavits, exhibits, testimonies, translates to exorbitant legal fees that add up fast, even in the simplest of cases. Add in a complex legal issue or a high conflict case and the already steep fees increase exponentially. With litigation, you can spend days, weeks or months preparing for a court hearing only to wait in court all day paying your lawyer’s hourly rate and never even be heard. This does not happen in mediation.

Mediation is designed to be cost-effective and efficient. You don’t waste time “building your case” or “defending yourself”. It is meant for couples who want to make the best decisions for themselves and their family and simply want the help of the mediator to guide them there. You can more easily control how much time you spend in mediation and you can make your sessions even more efficient if you (1) come prepared with all the relevant financial information; (2) have thought about the issues you want to address; and (3) keep an open mind to different possibilities.

You can settle your file in just a few hours in mediation depending on the situation, the number and complexity of the issues you have to resolve and the dynamic between you.

Yes. A common misconception is that mediation is only for couples who are “friends”, “on good terms” or “amicable”. Mediation can still be very effective even in high-conflict cases, or in cases where the parties do not communicate directly at all. An experienced mediator can help create a structured, supportive environment that allows both parties to feel safe and heard to productively find common ground.

A mediator is a neutral facilitator who helps guide discussions, ensures both parties are heard, and helps parties find equitable solutions. Unlike a judge or lawyer, a mediator does not take sides or impose decisions.

Preparation is key to a productive mediation session. Gather any relevant financial documents, think about your goals, and come with an open mind. Leanne Greenberg’s mediation services in Montreal provide guidance on how to best prepare for the process.

In Quebec, child custody is determined based on the best interests of the child. Courts consider factors such as:

• Parental capacity (ability to provide a stable and supportive environment)
• Child’s relationship with each parent
• Emotional and physical well-being of the child
• The child’s wishes (depending on their age and maturity)
• The ability of parents to communicate and cooperate

The types of custody:

1. Sole Custody – One parent has the majority of parenting time, and the non-custodial parent has visitation rights or taking out rights representing less than 20% of the custodial time.
2. Sole custody with adjustment for prolonged taking out rights – One parent has the majority of parenting time, and the non-custodial parent has visitation rights or taking out rights representing between 20% and 40% of the custodial time.
3. Shared Custody – The child spends at least 40% of the time with each parent.

However, since March 1st 2021, the Divorce Act no longer uses the term “custody” or “access rights” – we now use the term “parenting time” to describe the time each parent spends with the children.

So we now can

Mediation can help parents create a parenting plan that works for both of them and the children without going to court. However, if an agreement isn’t reached, a judge will make the final decision.

No, even if you do not have custody or the majority of parenting time, you still retain the same right to make important decisions about your children’s well-being including their health, education, religion, language, culture, and significant extracurricular activities. You also have the same rights as the custodial parent to receive all medical records (until the child is 14 years of age), and educational records concerning your children.

Custody and parental authority / decision-making are completely separate matters and we can resolve both in mediation.

Child support in Quebec is determined based on the Quebec Child Support Guidelines, which consider:

• Each parent’s gross income
• The number of common children between the parties
• The custody arrangement (sole custody, sole custody with prolonged taking out rights or shared custody)
• Other factors such as special expenses (e.g., daycare, medical costs, extracurricular activities)

Quebec has an online child support calculator that helps estimate payments based on these criteria. Child support is mandatory, and the amount can be adjusted if there is a significant change in circumstances (e.g., job loss, change in custody).

Spousal support (alimony) is not automatic and is granted based on the financial needs of one spouse and the ability of the other to pay. Factors considered include:

• The length of the marriage or cohabitation
• Each spouse’s income and financial situation
• The roles each played in the relationship (e.g., one spouse stayed home to raise children)
• The recipient’s ability to become financially independent

Spousal support can be:

• Compensatory – To balance financial inequalities caused by the marriage.
• Needs-based – If one spouse cannot meet their basic financial needs.

The amount and duration of spousal support are usually negotiated through mediation or determined by the court if no agreement is reached.

If you are residing in Quebec at the time of your separation you will be subject to the partition of the Family Patrimony, which includes:

• Family Residences (the primary family home and any secondary residences used by the family)
• Furniture and household goods garnishing the family residences
• Vehicles used for family transportation
• RRSPs accumulated during the marriage
• Pension Plans

The net value of these assets at the date of separation or the institution of the divorce proceedings is divided equally between spouses, regardless of which spouse owns them or paid for them. However, if the family patrimony asset was owned prior to the marriage or received by gift or inheritance or if it was acquired or improved using funds received by gift or inheritance or the reinvestment of the equity from a family patrimony asset owned prior to marriage— the item may be excluded or subject to a deduction (to protect the gift, inheritance of investment in a family patrimony asset prior to marriage).

Mediation allows couples to negotiate a fair division of assets without the need for lengthy litigation. However, if an agreement isn’t reached, the court will decide based on Quebec law.