The structure of family mediation

After analysing your situation and formulating your requests, we start working on attainable solutions. It is important to note that the mediator does not make any decisions, but rather provides support and advice as you seek a common accord. If such an accord is reached, the mediator will work with you to produce a written record of the agreement.

Mediation usually takes between three and five months, with eight 90-minutes sessions. Meetings are usually scheduled every two weeks in consultation with all parties and taking into account travel schedules and availability.

At the end of mediation, the mediator will certify that mediation has taken place and work with the client to produce a written record of the points that have been agreed. This agreement is a legal document (mediation agreements). You may submit it to a magistrate for approval.

The family mediator’s role is to support and accompany you as you seek to manage family disputes, without making decisions on your behalf.
The mediator, with an understanding of sociology and psychology, is trained as an impartial and independent third party, creating the conditions which will allow for improved dialogue, helping you to put in place a common project which will allow you to break the deadlock.

In the presence of a neutral third party, both parties can freely express their needs, frustrations, expectations and hopes. The mediator will ensure that both parties express themselves fairly and equally. The mediator is committed to ensuring that negotiations are conducted on a fair basis while remaining efficient.

As a legal expert, the mediator is also able to ensure the validity of the options discussed, such as child support, the division of assets, custody of children, co-parenting arrangements, …
If requested, the mediator can also help you write up and formalize your agreement.

The agreements reached in mediation summarize the joint decision of the parties involved and are legally binding for the signatories. The mediation agreement is legally binding for the parties involved. (Article 1103 CC). The parties do not always require a written agreement. Mediation can sooth the conflict and allow solutions to be put in place without the parties necessarily agreeing in writing on all points discussed.

Since 2017, in the case of a consensual no-fault divorce involving no minor children or individuals protected by law, the couple may go before a notary with a written mediation agreement, and the notary can file the divorce petition and set a legally binding date. This avoids going to court.

In other divorce or separation cases couples may choose to have the agreement formalized by a judge. This proceeding has been simplified and no longer requires a hearing. Such an agreement will be legally enforceable. As such it will be applied like any other judgement. However, the judge can refuse to formalize an agreement if it goes against public order or the interests of minor children

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