Is Mediation Required Before Going to Court on Parenting Issues in Ontario?

Whether mediation is required before you go to court on parenting issues depends on your court and your case, so confirm it before you file. What is clear is that help is available: free family mediation is offered at Ontario courthouses on the day you are in court, and off-site mediation is charged on a sliding scale based on income and number of dependents.

Mediation is only one option. Parenting coordination is a private, paid service for parents with a history of serious conflict who already have an order or agreement, and the coordinator can decide how to interpret it. In family arbitration, both people must get independent legal advice and a certificate before it starts, and each person is screened separately for domestic violence and power imbalances.

Without independent legal advice, an arbitration award generally cannot be enforced in court, and matters involving children must be decided in the child's best interest. If parents agree at a case conference, the judge may have them sign Minutes of Settlement and may then make an order based on them. Whether a route suits you where there is family violence or a power imbalance is worth discussing with a lawyer.