Do I have to go to mediation before my civil case goes to trial in Ontario?

In Ontario, mandatory mediation applies to most civil cases in Toronto, Ottawa, and Essex County under Ontario's Civil Procedure rules. In those regions, parties must attend a mediation session with a neutral mediator before the case can proceed to trial. Elsewhere in Ontario, mediation is voluntary but strongly encouraged.

Mediation is a confidential process where a trained mediator helps the parties explore settlement options. The mediator does not decide the case — only the parties can agree to resolve it. Mediation sessions typically last a day or less, and many cases settle at or shortly after mediation.

Even where mediation is not mandatory, courts expect parties to have genuinely explored settlement before trial. Judges can take settlement conduct into account when awarding costs. Going to mediation — even voluntarily — often saves significant time and money compared to proceeding to trial. A litigation lawyer can help you prepare your position and negotiate effectively during the session.