Can a court require mediation before hearing a grandparent's contact application?
Ontario family court procedure generally encourages, and in some circumstances can direct, parties to attempt to resolve family disputes outside of a full contested hearing where that's appropriate, and a grandparent contact application can be subject to this kind of process, particularly at earlier stages like a case conference, where the court and the parties discuss whether the issues can be narrowed or resolved without a trial. Whether mediation is actually required, rather than simply encouraged, depends on the specific case and the parties' willingness, and it isn't a universal precondition to being heard at all.
Mediation can be genuinely useful in these disputes, since grandparent contact cases often involve ongoing family relationships that benefit from a less adversarial process than a full hearing, and a mediated agreement can address practical scheduling details more flexibly than a court order might. That said, mediation isn't appropriate in every situation - where there's a genuine safety concern, or where one party is unwilling to participate in good faith, proceeding to a hearing may be the more realistic path. A family lawyer can advise on whether mediation makes sense for your specific application, and can help identify a qualified family mediator if it does.
Key takeaways
- Courts generally encourage, and can direct, attempts to resolve disputes before a full contested hearing.
- Whether mediation is required depends on the specific case rather than being a universal precondition.
- Mediation can be well-suited to grandparent contact disputes given the ongoing family relationships involved.
- Mediation isn't appropriate where there's a genuine safety concern or unwillingness to participate in good faith.