C-25 - Code of Civil Procedure

Section 815.2.1 Disposition versions

2002-06-24

815.2.1. At any time during the hearing of a contested application, the court may order the adjournment of the hearing and the referral of the parties to the Family Mediation Service or, at their request, to the mediator of their choice, for the settlement of one or more matters relating to the custody of the children, the support due to the spouse or children, the family patrimony or other patrimonial rights resulting from the marriage or civil union. The Service shall designate a mediator and fix the date of the first meeting, which must take place no later than on the twentieth day after the order.

When the court makes an order, it shall take into account the particular circumstances of each case, and in particular the fact that the parties have already met a certified mediator, the balance of power in place, the interests of the parties, and, if any, of their children.

Except in cases determined by regulation, the mediator’s fees are borne by the parties, each bearing the proportion determined by the court. However, in every case where the application involves the interests of the parties and the interests of their children, the Family Mediation Service pays the mediator’s fees, up to the prescribed number of sessions, provided the fees are in keeping with the tariff established under article 827.3.

The hearing is adjourned for the period determined by the court, not exceeding 90 days. At the expiry of that period, the court shall continue the hearing or fix a later date, unless the parties expressly agree to an extension for a period determined by the court. The parties must begin the mediation process within 20 days after the referral order. Where the parties fail to do so, or where mediation ends before either the end of such a period or the end of the period of adjournment, one of the parties may apply for the continuance of the hearing. The judge having ordered the referral of the parties to mediation shall have the file brought before him, unless the chief justice decides otherwise for administrative reasons.

The court shall make all appropriate orders to safeguard the rights of the parties and children for such time and on such conditions as it determines.

The judge presiding over a pre-trial conference may also order an adjournment and refer the parties to mediation in accordance with this article.

1993, c. 1, s. 2; 1997, c. 42, s. 8; 1999, c. 46, s. 15; 2002, c. 6, s. 108.

2000-02-01

815.2.1. At any time during the hearing of a contested application, the court may order the adjournment of the hearing and the referral of the parties to the Family Mediation Service or, at their request, to the mediator of their choice, for the settlement of one or more matters relating to the custody of the children, the support due to the spouse or children, the family patrimony or other patrimonial rights resulting from the marriage. The Service shall designate a mediator and fix the date of the first meeting, which must take place no later than on the twentieth day after the order.

When the court makes an order, it shall take into account the particular circumstances of each case, and in particular the fact that the parties have already met a certified mediator, the balance of power in place, the interests of the parties, and, if any, of their children.

Except in cases determined by regulation, the mediator’s fees are borne by the parties, each bearing the proportion determined by the court. However, in every case where the application involves the interests of the parties and the interests of their children, the Family Mediation Service pays the mediator’s fees, up to the prescribed number of sessions, provided the fees are in keeping with the tariff established under article 827.3.

The hearing is adjourned for the period determined by the court, not exceeding 90 days. At the expiry of that period, the court shall continue the hearing or fix a later date, unless the parties expressly agree to an extension for a period determined by the court. The parties must begin the mediation process within 20 days after the referral order. Where the parties fail to do so, or where mediation ends before either the end of such a period or the end of the period of adjournment, one of the parties may apply for the continuance of the hearing. The judge having ordered the referral of the parties to mediation shall have the file brought before him, unless the chief justice decides otherwise for administrative reasons.

The court shall make all appropriate orders to safeguard the rights of the parties and children for such time and on such conditions as it determines.

The judge presiding over a pre-trial conference may also order an adjournment and refer the parties to mediation in accordance with this article.

1993, c. 1, s. 2; 1997, c. 42, s. 8; 1999, c. 46, s. 15.

1997-09-01

815.2.1. At any time during the hearing of a contested application, the court may order the adjournment of the hearing and the referral of the parties to the Family Mediation Service of the Superior Court or, at their request, to the mediator of their choice, for the settlement of one or more matters relating to the custody of the children, the support due to the spouse or children, the family patrimony or other patrimonial rights resulting from the marriage. The Service shall designate a mediator and fix the date of the first meeting, which must take place no later than on the twentieth day after the order.

When the court makes an order, it shall take into account the particular circumstances of each case, and in particular the fact that the parties have already met a certified mediator, the balance of power in place, the interests of the parties, and, if any, of their children.

Except in cases determined by regulation, the mediator’s fees are borne by the parties, each bearing the proportion determined by the court. However, in every case where the application involves the interests of the parties and the interests of their children, the Family Mediation Service pays the mediator’s fees, up to the prescribed number of sessions, provided the fees are in keeping with the tariff established under article 827.3.

The hearing is adjourned for the period determined by the court, not exceeding 90 days. At the expiry of that period, the court shall continue the hearing or fix a later date, unless the parties expressly agree to an extension for a period determined by the court. The parties must begin the mediation process within 20 days after the referral order. Where the parties fail to do so, or where mediation ends before either the end of such a period or the end of the period of adjournment, one of the parties may apply for the continuance of the hearing. The judge having ordered the referral of the parties to mediation shall have the file brought before him, unless the chief justice decides otherwise for administrative reasons.

The court shall make all appropriate orders to safeguard the rights of the parties and children for such time and on such conditions as it determines.

The judge presiding over a pre-trial conference may also order an adjournment and refer the parties to mediation in accordance with this article.

1993, c. 1, s. 2; 1997, c. 42, s. 8.