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You have decided to stop living with your spouse, but your are afraid that the breakup may be difficult. Your are also worried about your children and their well-being. Have you thought of resorting to family mediation ?

Family mediation is a method by which spouses may together settle all matters relating to their breakup. Should you wish to have your marriage end amicably, a notary-mediator is able to to help you do so. Being an impartial counsellor whose law practice involves dealing with families, a notary is the ideal ressource person. His professional training makes him a specialist in the drafting of legal contracts in the field of marriage law. Furthermore, having received additional professional training in family mediation, a notary-mediator is able to provide the necessary support for any couple taking such a step.

The notary-mediator will assist you in reaching an agreement which takes account of your needs, values and interests as well as those of your children and spouse. In a mediation situation, you are the one who will negociate the details of the agreement and the notary-mediator is there to ensure that the solutions proposed are just, equitable and practical for all concerned.

Of what does mediation consist ?

The decision to separate is not an easy one. It generally follows a period of lenghty and serious reflection on the part of one or both spouses. Several decisions must be taken concerning their future and that of their children.

Family mediation is an alternative method for resolving conflicts. It is a substitute for the traditional judicial process. Family mediation allows for the possibility of re-establishing communication between the parties. Taking place in a confidential environment, it leaves room for emotions and uses the needs, values and interests of the parties to find solutions adapted to them. It is through the use of family mediation that the family structure becomes reorganized insofar as concerns the division of the time of the children between the parties, the division of the assets and financial responsabilities.

The role of the notary-mediator

Family mediation is not a therapy with the objective of trying to reconcile separated couples. Before undertaking mediation, a notary mediator must assure himself that the decision of the couple to separate is final.

A notary-mediator is an impartial third party who facilitates the process of discussion between the parties. He gives no opinion but provides the parties with all the necessary legal information so that they may arrive at intelligent decisions. He may draw up the draft agreement reflecting the solutions worked-out by the parties themselves. he may assist the parties in weighting the advantages and disadvantages of various possible options in a spirit of co-operation so as to retain those best answering the needs of the newly-reorganizated family.

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