What Is Collaborative Family Law and How Is It Different From Mediation in Ontario?

Collaborative family law and mediation are both ways to settle a separation without a judge, but they work differently. In collaborative law, each person works with their own lawyer to reach an agreement, and everyone agrees not to go to court. In mediation, a neutral mediator helps you reach agreement but does not take sides, make decisions or give legal advice.

The no-court promise is the heart of the collaborative process. If there is no agreement, each party needs a new lawyer to go to court. Because of that, it is worth talking to a lawyer about whether this route suits you before you commit to it.

The Divorce Act says parties must try to resolve their matters through a family dispute resolution process to the extent appropriate, and legal advisers must encourage it unless that is clearly inappropriate. Some processes may not suit high-conflict cases, a power imbalance or family violence, and Ontario mediators screen for intimate partner violence at intake and throughout. On-site mediation at family courts is free on the day a matter is scheduled for court, while off-site mediation may charge user fees on an income-based scale.