Do I have to try mediation before going to court in Ontario?

In some Ontario civil cases, mediation is mandatory before proceeding to trial. Under Ontario's civil procedure rules, mandatory mediation applies to most defended actions in Toronto, Ottawa, and Windsor — the regions covered by the mandatory mediation program. In those regions, parties in most civil cases must attend mediation within a set period after a defence is filed.

Even in regions where mediation is not mandatory, courts strongly encourage it. The case management process and pre-trial conference are designed partly to promote settlement, and judges routinely urge parties to try mediation. Courts can also order mediation at any stage of a proceeding.

If your contract includes a dispute resolution clause requiring mediation or arbitration before litigation, you are contractually bound to follow that process first. Failing to do so can result in your court case being stayed while you fulfill the contractual obligation.

Voluntary mediation — where both sides agree to try it before or during litigation — is available throughout Ontario. A trained mediator helps the parties communicate and explore resolution without imposing a decision. Mediation is private, faster, and much less expensive than a trial. Many disputes settle at mediation, including cases where the parties had previously been unable to negotiate directly.