If mediation fails in Ontario, what happens next in the lawsuit?

If mediation in Ontario does not result in a settlement, the case continues through the regular litigation process. The mediator files a report with the court confirming that mediation has been completed (but not disclosing what was discussed), which satisfies the mandatory mediation requirement where it applies.

The next major step in most Ontario civil cases is the discovery phase, which has likely already begun before mandatory mediation occurs. After discoveries are complete, parties may bring motions to resolve procedural issues or seek summary judgment on discrete claims. Eventually, the case is set down for trial.

Before a civil trial in Ontario, most cases must also attend a pretrial conference, where a judge or associate judge meets with the parties' lawyers to discuss settlement prospects, narrow the issues, and plan the trial. The pretrial conference is another structured opportunity to resolve the matter without a full trial.

Even after a failed mediation, settlements can happen at any point — during discoveries, at the pretrial conference, or even on the first day of trial. Statistically, most Ontario civil cases settle before or during trial. A failed mediation does not close the door on settlement; it simply means the parties were not yet ready to agree, and continuing litigation sometimes changes the parties' calculus.