What is family mediation and should I try it before going to court in Ontario?

Family mediation is a process where a neutral, trained third party (the mediator) helps you and your spouse work through disagreements about parenting, support, or property without a judge deciding for you. The mediator does not take sides or impose a decision — they facilitate communication and help you both explore options and reach agreements.

Mediation is voluntary in most Ontario family disputes, though judges and the courts increasingly encourage parties to try it before or during litigation. Some family court proceedings require attendance at a mandatory information program and/or a case conference, which may lead to referrals to mediation. In court-connected mediation programs at some Ontario courthouses, mediators are available at low or no cost.

There are good reasons to try mediation before court. It is typically faster and much less expensive than contested litigation. Agreements reached through mediation are often more durable because both parties helped craft them. It can also be less adversarial, which is particularly important when you will co-parent with your ex-spouse for years to come.

Mediation is not appropriate in all situations — particularly where there has been domestic violence or a serious power imbalance. A family lawyer can help you assess whether it is a safe and suitable option for your circumstances.