What does a mediator do in Ontario — can they make a binding decision?

In Ontario, a mediator's role is to facilitate discussion and help the parties reach their own agreement. A mediator does not make a binding decision, cannot impose a settlement, and does not judge who is right or wrong. This distinguishes mediation from arbitration, where an arbitrator hears evidence and issues a binding ruling, and from litigation, where a judge decides the outcome.

The mediator remains neutral throughout the process. Their job is to help each side understand the other's perspective, identify the real interests behind each party's stated positions, and explore options for resolution that neither side may have considered on their own. A good mediator will point out the risks and costs each side faces if the matter proceeds to trial, which often helps move parties toward compromise.

Because the mediator has no decision-making power, the parties retain full control over whether they settle and on what terms. Neither party can be forced to accept a settlement at mediation. If no agreement is reached, the mediation ends and the litigation continues. The mediator cannot testify about what was said during mediation, and confidentiality rules prevent either party from using mediation communications in subsequent court proceedings.