Do I have to attend mediation before going to court for a contract dispute in Ontario?

In Ontario, mandatory mediation applies to most civil actions (including contract disputes) commenced in Toronto, Ottawa, and Windsor. Under the Ontario Mandatory Mediation Program, parties must attend a mediation session within a set timeframe after the defence is filed — typically 180 days. Cases in other regions do not fall under mandatory mediation by default, though judges have discretion to order it.

Mediation is a confidential process where a neutral mediator helps the parties negotiate a settlement. The mediator cannot impose a resolution; the parties must agree. If mediation fails, the lawsuit continues normally. Many cases that go through mediation do settle — it is often faster and less expensive than a full trial.

Even outside mandatory areas, parties are free to agree to mediate voluntarily at any stage. Courts view voluntary efforts to settle favourably, and early mediation can save considerable time and legal fees.

Your contract may also contain an alternative dispute resolution (ADR) clause requiring mediation or arbitration before either party can go to court. If such a clause exists, following it is generally required — a court may stay litigation if a party has not complied.