Can we use a mediator to help negotiate our cohabitation agreement in Ontario?

Yes, mediation is a recognized and useful option for couples who want help negotiating the terms of a cohabitation agreement. A family mediator is a neutral third party — often a lawyer or social worker with additional mediation training — who helps the couple identify issues, exchange information, and reach mutually acceptable terms. The mediator does not represent either party and does not provide legal advice to either.

Mediation for a cohabitation agreement works well when both partners want to reach an agreement but are finding it hard to navigate the conversation alone. It tends to be more efficient and less adversarial than each partner simply instructing their respective lawyers to negotiate across the table.

After a mediated agreement is reached, each party should still have the draft reviewed by their own independent lawyer before signing. The mediation process produces a "memorandum of understanding" or draft agreement, not a final executed contract — legal review protects both parties from inadvertently signing something that is unenforceable or that they did not fully understand. Some mediators are also lawyers who can help with drafting, but they still should not provide independent legal advice to either party in their mediator role.