FAMILY MEDIATION
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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