Getting a divorce can be a tedious, expensive, and stressful process. However, you can opt for an alternative dispute resolution method, such as mediation.
Mediation is a private and confidential way of resolving disputes. Mediation involves an impartial party who does not make decisions, but guides the discussion between you and your spouse. The success of your meeting depends on you and your spouse reaching a fair agreement. The mediator’s role is to facilitate discussion between the parties and to assist them in the negotiation process. Meetings are strictly confidential, and the mediator cannot be called to testify in court.
If you have dependent children and you have to go to court to settle a dispute with the other parent, the couple must, except in specific circumstances, attend a mandatory free information session on parenting and mediation.
After this session, if you wish to settle your dispute through mediation, you are entitled to 5 hours of free mediation. Any additional mediation time beyond these 5 hours will be at your expense. If a new dispute arises or your situation changes, you may be eligible for an additional 2.5 hours of free mediation.
However, if you do not have any children together or if your children are no longer dependent—either because they have reached the age of majority or have reached the age of majority and are no longer in school—you are entitled to 3 hours of free mediation. You will be responsible for the cost of any additional mediation hours.
Mediation is not mandatory, it is optional.
Only the information session on parenting and mediation is mandatory for individuals with dependent children who wish to go to court due to a conflict with the other parent.
It is possible to be exempted from attending this session if the former partners have already attended. Additionally, victims of domestic violence may also be exempt from attending this session.
In all cases, the court can require the former partners to participate in this session if it is in the best interest of the children.