Do I Have to Go to Mediation Before Court in an Ontario Family Case?
No. Ontario's family court guide does not make mediation mandatory before a family court case. The required early step is the Mandatory Information Program (MIP), where parties learn about dispute resolution options. Family mediation itself is voluntary, and the mediator is a neutral third party who does not take sides, make decisions or give legal advice.
If your case is under the Divorce Act, parties must try family dispute resolution where appropriate. That includes negotiation, mediation and collaborative law. You must attend a MIP session before your first appearance or case conference, and no later than 45 days after the case starts. You do not need to attend if, for example, you already attended a MIP, you agree on all matters, or the case involves only divorce, costs, an existing agreement or order, or family arbitration. A judge can excuse attendance if your circumstances are urgent or attending would cause you hardship.
Mediators screen each person separately at intake to confirm an equal negotiating position, and screening continues throughout. Where there is family violence, dispute resolution may clearly not be appropriate. Family Law Information Centres can help with mediation referrals.
Key takeaways
- Ontario's family court guide does not make mediation mandatory before a family court case, and family mediation is voluntary.
- The required early step is the Mandatory Information Program, which you must attend no later than 45 days after the case starts.
- You do not need to attend if, for example, you already attended one, you agree on all matters, or the case involves only divorce, costs, an existing agreement or order, or family arbitration.
- Mediators screen each person separately at intake to confirm an equal negotiating position, and screening continues throughout.