C-25.01, r. 6.1 - Regulation respecting a Family Mediation pilot project for couples who have no common dependent children

Updated to 27 January 2021

This document has official status.

not in force

chapter C-25.01, r. 6.1

Regulation respecting a Family Mediation pilot project for couples who have no common dependent children

Code of Civil Procedure

(chapter C-25.01, a. 619).

1. The Family Mediation Service (the Service) is available to couples who have no common dependent children for the partition of patrimonial rights arising from their community of life, on the conditions set forth in this Regulation.

O.C. 76-2021, s. 1.

2. The fees payable by the Service for the family mediation services so provided are set on the basis of an hourly rate of $110 for a mediation session and for any work performed outside the sessions in connection with the mediation, such as the drawing up outside the sessions of the summary of the agreements.

O.C. 76-2021, s. 2.

3. The Service pays the fees provided for in section 2 up to a total of 3 hours of mediation, including any time spent on work performed outside the sessions in connection with the mediation.

The Service does not pay the fees for the modification of an agreement or for having a judgment rendered on the principal application reviewed.

O.C. 76-2021, s. 3.

4. The fees payable by the parties resorting to the mediation are set on the basis of

(1)  $110 per hour for a mediation session and for any work performed outside the sessions in connection with the mediation for which the fees are not paid by the Service pursuant to section 3; and

(2)  $110 per hour for each session during which the services of an additional mediator are required by the parties and for any work performed by the mediator outside the sessions in connection with the mediation.

O.C. 76-2021, s. 4.

5. For the purposes of this Regulation, where the Code of Civil Procedure (chapter C-25.01) provides that the mediator is to file a report with or send a report to the Service, the report must be accompanied by a bill signed by the parties attesting to the number of hours and mediation services they received, as applicable.

The mediator must file the report referred to in article 617 of the Code of Civil Procedure with the Service not later than 12 months after the last mediation session, whether that session suspends or ends the mediation.

The Service will pay the fees to the mediator only if the documents are filed or sent within the prescribed time.

O.C. 76-2021, s. 5.

6. Divisions I and II of the Regulation respecting family mediation (chapter C-25.01, r. 0.7) apply to this Regulation, with the necessary modifications.

O.C. 76-2021, s. 6.

7. (Omitted).

O.C. 76-2021, s. 7.

REFERENCES

O.C. 76-2021, 2021 G.O. 2, 438