The DPJ is offering me the opportunity to participate in the mediation process as part of my case; what does this entail?

Mediation is a method of conflict resolution in which the parties attempt to reach an agreement with the help of a neutral and impartial third party, called a mediator. The mediator does not decide the dispute or impose a solution. Their role is to facilitate communication, help clarify the issues, and guide the parties toward a mutually acceptable solution. Mediation is voluntary and confidential. The confidentiality of the process means that what is discussed during mediation cannot be used in court later.

Although it is possible to use mediation when the case with the DPJ is not yet before the Courts, when your case is judicialized and brought before a judge, mediation can represent a good alternative to reach an agreement and thus avoid holding a trial.

Mediation is a process that takes place outside of court, in the presence of a mediator, the parents, and the lawyer representing the child or children. Teenagers may also attend mediation when it would be beneficial. During mediation, you will discuss the reasons for the breakdown in relations and the measures recommended by the Director of Youth Protection, with the goal of reaching an agreement. Six (6) hours of free mediation are available for each case, and in certain complex situations, an additional two (2) hours may be granted.

The main advantage of mediation is that it can allow you to resolve your case more quickly than if you go through the legal system. If you cannot reach an agreement, the case will be returned to the court.

Please note that the parents' lawyers do not participate in the mediation. However, you can consult your lawyer before or after the mediation to ensure that the proposed agreement is acceptable to you. The agreement reached during mediation can then be ratified by the judge in the presence of your lawyer.

As this mediation is a pilot project, it is not available in all judicial districts in Quebec. Learn more about this project.

Every situation is unique. If you would like to discuss it or obtain personalized advice, our lawyers are available to assist you: 438-838-6638 ext. 2 or by email at info@cabinetdux.com

Article written by Anne-Marie Flamand . Discover her practice and the services she offers.

FAQ

What is mediation?

Mediation is a process where parties try to reach an agreement with the help of a neutral and impartial mediator.

Does the mediator make a decision?

No. The mediator does not decide the outcome or impose a solution. They facilitate communication.

Is mediation mandatory?

No. Mediation is voluntary.

Can what I say in mediation be used against me?

No. Mediation is confidential. What is discussed cannot be used in court.

When can mediation take place?

Mediation can occur before or after the case goes to court.

Who participates in mediation?

Typically, the parents, the child’s lawyer, and the mediator. In some cases, a teenager may also participate.

Is my lawyer present during mediation?

No. Parents’ lawyers do not attend, but you can consult your lawyer before and after.

How long does mediation last?

A certain number of hours is provided free of charge (usually 6 hours, with possible additional hours in some cases).

What are the benefits of mediation?

It can resolve the case more quickly and help avoid a trial.

What happens if no agreement is reached?

The case returns to court.

Is the agreement legally binding?

Yes, it can be approved by a judge afterward.

Is mediation available everywhere in Quebec?

No. It is currently a pilot project and not available in all judicial districts.