Family Mediation Agreement (Quebec)

A Quebec family mediation agreement (convention de médiation familiale) is a formal document signed by separating or divorced parents, spouses, or former spouses and an accredited family mediator, setting out the terms under which the parties will participate in the family mediation process. The legal framework for family mediation in Quebec is found in articles 619 to 625 of the Code of Civil Procedure (Code de procédure civile du Québec, C.p.c.) and in the Regulation Respecting Family Mediation (Règlement sur la médiation familiale, RLRQ, c. C-25.01, r. 0.1.2), enacted under the authority of the Code of Civil Procedure.

Family mediation is a structured, voluntary, and confidential process in which an accredited professional — the family mediator — helps the parties communicate and negotiate to reach their own mutually acceptable agreements on family law matters. Unlike litigation, family mediation is non-adversarial: the mediator does not make decisions or impose solutions, but supports constructive dialogue between the parties. The mediator must act in a neutral and impartial manner at all times, as required by art. 620 C.p.c.

The subjects covered by family mediation under art. 619 C.p.c. include all matters relating to the exercise of parental authority over children — including custody and access arrangements, day-to-day parenting decisions, and child support payments calculated under the Quebec child support model (Règlement sur la fixation des pensions alimentaires pour enfants, RLRQ, c. C-25.01, r. 0.1.1). Family mediation also covers spousal support (pension alimentaire au conjoint), the division of the family patrimony (patrimoine familial) and other property, as well as any other family matters the parties choose to address.

A key feature of Quebec family mediation is the government subsidy program: parents of minor children under 18 are entitled to up to five free mediation sessions funded by the Ministère de la Justice du Québec. This program makes mediation accessible to all Quebec families regardless of income level. All communications made in the course of family mediation are protected by thorough confidentiality under art. 621 C.p.c., including a privilege that prevents either party or the mediator from being required to disclose mediation communications in court.

A Quebec family mediation agreement is needed in several common family situations where parties are seeking to resolve disputes or negotiate arrangements without going to court. The most frequent use is separation and divorce proceedings: when spouses or common-law partners separate, they must address custody of their children, child support, spousal support, and division of their assets. Family mediation provides a structured, cost-effective, and less adversarial alternative to litigation for all of these issues.

The agreement is particularly important when parents need to establish initial custody and access arrangements following a separation. Instead of leaving these decisions to a judge who has limited information about the family, mediation allows the parents themselves — with professional guidance — to craft arrangements that reflect the specific needs and schedules of their children and family. Since the best interest of the child is always the primary consideration under art. 604 C.c.Q., mediation gives parents a forum to focus on their children's welfare rather than their own grievances.

Family mediation is also valuable when existing court orders or agreements need to be modified due to changes in circumstances. For example, if a parent is relocated for work, if a child's needs change as they age, or if the original support amount no longer reflects the parties' financial situations, a family mediator can help the parties negotiate a modified agreement without returning to court.

The agreement to mediate is also used when parents who were never married or in a civil union need to establish parenting arrangements for the first time. After a recognition of paternity or the establishment of filiation, the parents may need to agree on how they will share parenting responsibilities, and family mediation provides an effective framework for these discussions.

Finally, the family mediation agreement is the foundational document for accessing the Quebec government's free mediation sessions. Without a signed agreement with an accredited mediator, the parties cannot access the subsidized program.

A complete and effective Quebec family mediation agreement must include several essential elements to comply with the Code of Civil Procedure and the Regulation Respecting Family Mediation, and to provide a clear framework for the mediation process.

First, clear identification of both parties is required: their full legal names, home addresses, and telephone numbers. The relationship between the parties — whether they are married spouses, civil union partners, common-law spouses, or parents who were never spouses — should be stated, as this determines which legal rules apply to their situation.

Second, the full identification of the accredited family mediator is essential: name, professional designation, professional address, and accreditation number issued by the Ministère de la Justice du Québec. This confirms that the mediator is qualified under the Regulation Respecting Family Mediation and can administer the government subsidy if applicable.

Third, the scope of mediation must be defined: which issues will be addressed — custody and access to children, child support calculated under the Quebec model, spousal support, division of family patrimony, or other family matters. Being specific about the scope helps the parties and mediator focus their sessions and avoid scope creep.

Fourth, the children covered by the mediation must be identified by full name and date of birth, confirming the application of the best interest of the child standard under art. 604 C.c.Q.

Fifth, the modalities of mediation — location, estimated number of sessions, and date of the first session — provide a practical structure for the process. The option to use the five government-subsidized sessions should be confirmed if applicable.

Sixth, fee arrangements must be specified: whether the parties will use the government subsidy, the mediator's hourly rate for private sessions, and the cost-sharing arrangement between the parties for any paid sessions.

Seventh, the confidentiality provisions must clearly state that all mediation communications are protected under art. 621 C.p.c. and that the mediator cannot testify in court without both parties' consent. The exception for child protection reports must also be acknowledged.

Eighth, the form of the final agreement and the parties' right to independent legal advice must be addressed. Ninth, a good faith clause under art. 1375 C.c.Q. and a governing law provision confirm the applicable legal framework. Finally, signatures of all three parties — both disputants and the mediator — complete the agreement.

Additional compliance elements for a Family Mediation Agreement (Quebec) used in Quebec include: Data Protection — applicable privacy legislation requires a lawful basis for processing personal data; Governing Law — specify Quebec law and jurisdiction; Dispute Resolution — parties may refer disputes to the appropriate tribunal or court.