What actually happens during a mediation session in Ontario?

A typical Ontario mediation session begins with all parties and their lawyers gathering in a meeting room, either in person or by video conference. The mediator opens by explaining the process, the ground rules, and that everything said during mediation is confidential and cannot be used in court.

Each side then has an opportunity to give a short opening statement — usually a few minutes — explaining their perspective and what they are hoping to achieve. The mediator may ask questions to clarify issues. After the joint opening, the mediator often separates the parties into private rooms (called caucuses) and meets with each side individually. In these private sessions the mediator can explore each party's real interests, test the strength of their position, and convey offers back and forth without the pressure of the other side being present.

The mediator may move back and forth between the groups multiple times, shuttling proposals and working to find common ground. If an agreement is reached, it is typically written out and signed before everyone leaves. If not, the case continues to the next litigation step. Mediations in Ontario typically last a half-day to a full day, though complex cases sometimes require multiple sessions.