Is family mediation mandatory before going to court?
Short answer
In Quebec, mediation itself is not mandatory, but parents who have children generally have to attend an information session on parenting and mediation before the court will hear their application. An exemption is possible, in particular in a context of domestic violence.
In detail
The distinction matters. No one can be forced to negotiate in mediation. Attending the information session, on the other hand, is a necessary condition for the court to hear the parents' applications.
The session is given remotely and lasts about three hours. It is led by two experienced mediators, one from the legal field and one from the psychosocial field. About 90 minutes deal with the consequences of the breakup for family members — psychological shock, children's needs and reactions, communication with the other parent — and about 30 minutes deal with the family mediation process and legal information.
At the end, you receive a certificate of attendance, which you have to provide to the court in order to proceed.
What to document
The certificate of attendance at the information session (you will have to file it in the court record), the date of the session, and the mediators' names. If you are applying for an exemption, keep the documents that support it.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- Gouvernement du Québec — Group information session on parenting after a breakup
- Ministère de la Justice du Québec — Registration and schedule of information sessions
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.