Family Mediation in Quebec: Free Sessions, Process & How to Find a Mediator
Going through a separation or divorce in Quebec? Before heading to court, you should know that the Quebec government offers a free family mediation program that can save you time, money, and stress. Whether you have children or not, you're entitled to free sessions with an accredited family mediator to negotiate a fair agreement tailored to your family's needs.
What is Family Mediation?
Family mediation is a conflict resolution process in which an impartial professional, the family mediator, helps separating couples negotiate a fair and workable agreement that meets the needs of every family member. The mediator doesn't take sides, doesn't provide personalized legal advice, and can't impose any decisions.
What family mediation is NOT:
- It's not couples therapy. The mediator isn't trying to reconcile you; they're helping you separate respectfully.
- It's not a courtroom. No judge decides for you. You keep control over decisions that affect your family.
- It's not arbitration. The mediator facilitates discussion, but final decisions belong to both parties.
Quebec's family mediation program has been in place since 1997 (Bill 65) and is administered by the Ministere de la Justice du Quebec (Quebec Ministry of Justice).
Free Sessions: How Many Hours Do You Get?
The Quebec government subsidizes free family mediation hours based on your situation:
| Situation | Free hours | Rate after free hours |
|---|---|---|
| Couples with dependent children (initial separation) | 5 hours | $130/hr + tax |
| Revision of an existing agreement or judgment | 2.5 hours (every 9 months) | $130/hr + tax |
| Couples without dependent children | 3 hours | $130/hr + tax |
| Information session on parenting after separation | 2.5 hours (always free) | Free |
Who Is Eligible?
- Married couples separating or divorcing
- Civil union couples dissolving their union
- Common-law (de facto) spouses separating
- Children can be minors or dependent adult children
- Marital status does not affect eligibility
The Parenting Information Session
Since January 1, 2016, a free mandatory information session on parenting after separation has been available. Lasting approximately 2 hours, it's led by two accredited mediators (one legal professional and one psychosocial professional). This session is mandatory if the couple still hasn't reached an agreement at the time of their court hearing. It's available by videoconference.
To register: 1-866-536-5140, option 3.
How Much Does Family Mediation Cost?
After using your free hours, the regulated rate is $130 per hour, plus taxes (since November 23, 2023; previously $110/hour). For a broader look at mental health costs in Canada, see our guide on the cost of therapy.
Mediation vs. Court: Cost Comparison
Family mediation is significantly less expensive than going to court. As a general comparison:
- Family mediation: $0 to a few hundred dollars (5 free hours + reduced hourly rate after)
- Contested court proceedings: Several thousand to tens of thousands of dollars in lawyer fees, court costs, and expert assessments
On top of the cost savings, mediation typically wraps up in a few weeks, while a court case can drag on for months or even years.
What's Not Covered by the Program
- Administrative fees (file opening, long-distance calls, photocopies)
- Court judgment costs
- Additional hours beyond the free allocation (billed at $130/hour + tax)
What Topics Does Mediation Cover?
For Couples with Children
- Parental authority: major decisions about children (health, education, religion)
- Child custody: shared custody, sole custody, custody schedule
- Access and visitation rights: schedule for the non-custodial parent
- Child support: calculated using the Quebec Model for Determining Child Support (Modele quebecois de fixation des pensions alimentaires)
- Spousal support: for married or civil union couples
- Division of family patrimony: family residences, furnishings, vehicles, pension plan rights
- Division of other property: assets under the matrimonial or civil union regime
- Family residence: who stays, who leaves, sale or buyout
- Parenting plan: detailed schedule, communication protocols, decision-making
For Couples Without Children
- Division of family patrimony (married/civil union couples only)
- Division of jointly acquired property
- Spousal support
Mediation can be comprehensive (covering all topics) or partial (covering only some topics).
The Step-by-Step Process
1. Before Mediation
- Both parties must agree to participate (voluntary process)
- Choose an accredited mediator together (both partners must agree on the choice)
- Sessions can be in person or remote (phone or videoconference)
2. First Session: Assessment and Process Overview
The mediator explains how mediation works, provides a list of required documents (pay stubs, tax returns, marriage contracts, property valuations, etc.), and allows both parties to freely express their concerns and expectations.
3. Identifying Needs
The mediator helps establish and clarify the needs of the parents and children. This is the stage where each person expresses what matters most to them.
4. Exploring Solutions
The mediator facilitates creative problem-solving and suggests alternatives. Both parties explore different options for each issue to be resolved.
5. Analysis and Selection
Options are evaluated together, and the parties choose solutions best suited to their family's circumstances.
6. Summary of Agreements
The mediator drafts a summary of agreements (resume des ententes) documenting all agreed-upon points. This document doesn't have legal force on its own but serves as the foundation for formalizing the agreement.
7. Making It Official
After mediation, you have several options:
- Have a lawyer or notary draft a formal written agreement
- Have the agreement ratified by the court (required for Revenue Quebec to collect child support, or for pension plan division)
- For divorce: the summary must be turned into a draft agreement (projet d'accord) and presented to court
Types of Accredited Family Mediators
In Quebec, six professional orders are authorized to certify family mediators:
- Lawyers (Barreau du Quebec)
- Notaries (Chambre des notaires du Quebec)
- Psychologists (Ordre des psychologues du Quebec)
- Social workers and family therapists (OTSTCFQ)
- Psychoeducators (Ordre des psychoeducateurs et psychoeducatrices du Quebec)
- Guidance counsellors (Ordre des conseillers et conseilleres d'orientation du Quebec)
Legal vs. Psychosocial Mediators
- Legal mediators (lawyers, notaries): bring expertise in family law, knowledge of legal rights and obligations, and the ability to draft legal documents
- Psychosocial mediators (psychologists, social workers, psychoeducators, guidance counsellors): bring expertise in communication, emotional management, child development, and family dynamics
Co-mediation (two mediators from complementary backgrounds) is also available with both parties' consent.
Accreditation Requirements
- Membership in one of the six professional orders
- A 60-hour training course in family mediation
- 3 years of professional experience in a relevant field
How to Find a Family Mediator in Quebec
Official Search Tools
- Ministry of Justice search tool: justice.gouv.qc.ca. Search by city, mediator name, judicial district, or professional order.
- AMFQ directory: mediationquebec.ca. Association de mediation familiale du Quebec (514-990-4011 or 1-800-667-7559 toll-free).
- JuridiQC map: locate mediators near your home or workplace.
- Your local courthouse: can provide mediator referrals.
Tips for Choosing a Mediator
- Contact several mediators to compare approaches
- Verify their accreditation on the Ministry's online search tool
- Confirm they participate in the government-subsidized program
- Consider whether you prefer a legal or psychosocial professional
- Discuss session format preferences (in person vs. remote)
- Both partners must agree on the choice of mediator
2025 Legal Reforms: What's Changing
Bill 91, Unified Family Tribunal (Effective June 30, 2025)
Bill 91 brings major changes to Quebec's family justice system:
- Mediation is now mandatory for initial family law proceedings (no longer just encouraged)
- Applies to disputes about: custody, parental authority, support payments, property division
- Exceptions: prior mediation already completed, serious grounds (especially domestic violence). Victims of domestic violence may also qualify for free therapy through IVAC.
- New procedural path: Mandatory mediation → Judicial conciliation → Summary hearing
- The new Unified Family Tribunal (Tribunal unifie de la famille / TUF) at the Court of Quebec gets exclusive jurisdiction over parental union and civil union matters
- Divorces remain under Superior Court jurisdiction
Bill 56, Parental Union (Effective June 30, 2025)
Bill 56 creates the parental union regime, giving automatic legal protections to common-law couples who have a child together after June 30, 2025:
- Creates a parental union patrimony: family residences, furnishings, and vehicles are divided equally upon separation
- Family residence protection: both partners' consent is required to sell or mortgage it
- Compensatory allowance available upon separation
- Succession rights for the surviving common-law partner (1/3 of the estate if there's no will)
- Couples can opt out via notarial act
- Pre-existing common-law couples can opt in voluntarily
Benefits of Mediation vs. Going to Court
What the Statistics Show
According to a 2017 SOM survey commissioned by the Ministry of Justice:
- 84% of parents reached an agreement through mediation
- 81% were satisfied with the services
- 97% found the process easy
- 90% felt their children's interests were prioritized
- 90% would use mediation again if needed
- Mediated agreements have higher compliance rates than court-imposed judgments
Key Advantages
- Cost-effective: free initial hours plus a lower hourly rate than lawyer and court fees
- Faster: no waiting for court dates; the process moves at your pace
- Confidential: nothing said in mediation can be used in court
- You stay in control: you make your own decisions rather than having a judge impose them
- Child-centered: collaborative approach focused on the children's best interests
- Flexible: in person or remote, comprehensive or partial
- Preserves the relationship: collaborative approach reduces conflict
- Better compliance: people are more likely to follow agreements they helped create
- Personalized solutions: tailored to your family's specific circumstances
If you're looking for professional support during the transition, our therapist directory can help you find the right match.
Common Myths About Family Mediation
MYTH: "The mediator will try to get us back together." REALITY: Family mediation is not couples therapy. The mediator helps you separate respectfully, not reconcile.
MYTH: "Going to mediation means I can't go to court later." REALITY: You keep all your legal rights. If mediation doesn't work out, you can still go to court.
MYTH: "Suggesting mediation means admitting fault." REALITY: Mediation focuses on the future and solutions, not blame. Proposing mediation shows a willingness to resolve things constructively.
MYTH: "The mediator can force me to sign an agreement." REALITY: The mediator can't compel anything. Any agreement must result from the free and informed consent of both parties.
MYTH: "Childless couples can't get free mediation." REALITY: Couples without dependent children are entitled to 3 free hours of mediation.
Frequently Asked Questions
What is family mediation exactly?
Family mediation is a voluntary, confidential process where a neutral third party (the mediator) helps separating couples negotiate agreements on issues like child custody, child support, spousal support, and property division, without going to court.
How does divorce mediation work in Quebec?
Both partners agree on a mediator, attend sessions together (in person or remotely), and work through their issues with the mediator's guidance. The mediator drafts a summary of agreements, which can then be formalized by a lawyer or notary and ratified by the court.
Can I refuse family mediation?
Under the 2025 reforms (Bill 91), mediation is mandatory for new family law proceedings. However, exceptions exist, particularly in cases of domestic violence or if mediation has already been attempted. Before these reforms, mediation was voluntary.
How should I prepare for mediation?
Gather your financial documents: tax returns, pay stubs, bank statements, marriage contracts, and property valuations. Think about your priorities and what matters most for your children. The mediator will provide a complete list of required documents at the first session.
Is mediation confidential?
Yes. Everything said, written, or done in mediation is confidential and cannot be disclosed to the court. The mediator's report documents only attendance and the points agreed upon.
What if we can't agree on everything?
Mediation can be partial. You can reach an agreement on some topics (such as child custody) and refer the unresolved issues (such as property division) to the court.
Can I consult a lawyer during mediation?
Yes. It's actually recommended to consult an independent lawyer outside of mediation sessions to ensure you understand your rights and the implications of any agreement.
How many sessions does mediation take?
On average, mediation concludes in 2 to 5 sessions of roughly one hour each. The exact number depends on the complexity of your situation and the number of issues to resolve.
Additional Resources
- Family Mediation Program, Quebec Government
- Search for a Certified Family Mediator, Ministry of Justice
- Association de mediation familiale du Quebec (AMFQ)
- Family Mediation in Six Steps, Educaloi
- True and False About Mediation, JuridiQC
- "S'equiper pour se separer" Podcast, produced by COAMF in collaboration with the Ministry of Justice
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