Is mediation mandatory in Ontario civil lawsuits?

Yes, in many Ontario jurisdictions, mediation is mandatory for civil lawsuits commenced in the Superior Court of Justice. Under Ontario Regulation 194, mandatory mediation applies to most non-family civil cases commenced in Toronto, Ottawa, and Windsor. In those cities, the parties must attend mediation before the matter can proceed to trial, unless the court grants an exemption.

The purpose is to encourage earlier and more cost-effective resolution of disputes. A mediator — a neutral third party — facilitates discussion but cannot impose a settlement. Parties must attend in good faith, with the authority to settle. Many cases that proceed through mandatory mediation do resolve, either at the session or in the period following it.

In areas outside the mandatory mediation regions, parties often agree to mediate voluntarily, and courts encourage it. A judge presiding over a case may also suggest or order mediation at case conferences.

Costs of a mediator are shared equally between the parties unless they agree otherwise. Mediation is confidential — what is said in the session generally cannot be used at trial. This confidentiality encourages candid discussion and realistic offers. Even if mediation fails to resolve the case, it often narrows the issues and gives both sides a better sense of each other's position.