Home > Family law and couples > Family mediation

Family law and couples

Family mediation

If questions are raised on a particular subject or relations between the spouses deteriorate to the point that it becomes difficult to finalize an agreement on the effects of the marriage or civil union breakdown, the couple may resort to family mediation. Family mediation may even be resorted to at the beginning of the breakdown if difficulties are foreseeable.

Many notaries have developed an expertise as a result of special training and have been certified by their professional order to act as family mediators. This enables them, as impartial third parties, to help spouses resolve their differences themselves and draw up a workable, mutually satisfactory agreement that determines the effects of family reorganization.

Family mediation is another method of dispute resolution. It is an alternative to the traditional judicial process. Unlike the judicial process, mediation allows room for emotions and direct exchange.

The role of the mediator notary

Family mediation is not therapy for the reconciliation of parties. Before beginning mediation, the mediator notary must be sure that the couple’s decision to separate is irrevocable. The aim of the mediator notary is to ensure that the solutions found are just and fair for everyone and respect the laws in force. He or she does not give an opinion but furnishes all the information necessary for the parties to make proper decisions.

The steps in mediation

Mediation is characterized mainly by its flexibility and, depending on the degree of difficulty or the points to be covered, consists of two to eight sessions lasting one or two hours each. The steps followed by the mediator notary are basically the same in any mediation.

1. The first or introductory meeting is where the mediator notary explains to the parties the process of mediation and the basic rules that apply. If, at the end of the first meeting, the parties decide to continue mediation, the mediator notary has them sign a consent to mediation as evidence of their good faith; it also ensures full cooperation and establishes costs.

2. The mediator notary, together with the spouses, analyzes the problems and determines their needs and interests and those of their children.

3. The spouses and the mediator notary then explore different options and verify whether they meet the needs that have been identified.

4. After the parties have reached agreement and made the necessary decisions, the mediator notary prepares a draft agreement that fully reflects their wishes. He or she verifies that the solutions contained in the draft agreement comply with the law and that the agreement respects the interests and meets the needs of all parties involved.

5. Once the draft agreement is signed, a joint application for separation from bed and board or divorce based on the agreement must then be prepared. Because of the precautions taken, the draft agreement is very likely to be approved by the court and confirmed by the judgment of separation from bed and board or divorce.