What is mandatory mediation and when does it apply in Ontario civil cases?

Mandatory mediation is a requirement under Ontario's Rules of Civil Procedure (Rule 24.1) that parties in certain civil cases must attend a structured mediation session before the case can proceed to trial. The goal is to give parties a structured opportunity to resolve their dispute early, with the help of a neutral third party called a mediator, before they spend significant time and money on full litigation.

Mandatory mediation currently applies in case managed civil actions in Toronto, Ottawa, and Essex County (Windsor). In those jurisdictions, a mediation must generally take place within 180 days of the first defence being filed, unless the court orders otherwise. Outside those regions, mediation is not automatically required, but parties can agree to mediate voluntarily, and courts increasingly encourage it.

The mediator does not make a decision. Their role is to facilitate discussion, help each side understand the other's perspective, and explore options for settlement. The process is confidential. If the mediation does not result in a settlement, the case continues to the next stage of litigation. Even when mediation fails, it often narrows the issues in dispute and improves communication between the parties, which can reduce the cost and time of later proceedings.