- In some Ontario disputes, mediator selection is partly out of your hands.
- Use this list to screen any mediator before you commit: - [ ] Relevant subject-matter experience — has this mediator handled disputes like yours (commercial, construction, employment,…
- Ask directly which style a prospective mediator leans toward before you book.
Not all mediators are the same, and picking the wrong one for your dispute can waste a session that was supposed to save you time and money. Whether you are heading into mediation because a Superior Court rule requires it, a contract calls for it, or you simply want to try to settle before things escalate, choosing a mediator who fits the dispute matters as much as choosing a lawyer.
This guide walks through what to actually look for — credentials, subject-matter background, style, and practical logistics — so you can make an informed choice instead of picking a name at random from a list.
Start With Whether You Have a Choice
In some Ontario disputes, mediator selection is partly out of your hands. Superior Court civil actions in Toronto, Ottawa, and Windsor (Essex County) are subject to mandatory mediation under Rule 24.1, and those regions maintain a roster of approved mediators that parties can choose from, or the parties can agree on someone else instead. Outside those regions, and outside cases where mediation is required, parties are generally free to pick anyone they agree on.
Small Claims Court works differently — it relies on mandatory settlement conferences run by the court itself rather than private mediators, so the checklist below mainly applies to Superior Court matters, contract-based mediation, and voluntary private mediation.
The Checklist
Use this list to screen any mediator before you commit:
- [ ] Relevant subject-matter experience — has this mediator handled disputes like yours (commercial, construction, employment, estate, partnership) before, or only a general caseload?
- [ ] Training and accreditation — does the mediator hold recognized mediation training or accreditation from a credible mediation body?
- [ ] Neutrality and no conflicts — does the mediator, or their firm, have any prior relationship with the other side, their industry, or their counsel?
- [ ] Style fit — some mediators are highly evaluative and will offer a candid view of the case; others are purely facilitative and simply help you talk. Ask which approach they use.
- [ ] Availability and location — can they accommodate your timeline, and do they offer virtual sessions if an in-person meeting isn’t practical?
- [ ] Fee structure — how do they bill, and how is the cost typically split between the parties?
- [ ] References or track record — has your lawyer, or someone you trust, worked with this mediator before?
Evaluative vs. Facilitative Mediators
This distinction matters more than most people realize going in:
| Style | What They Do | Best For |
|---|---|---|
| Facilitative | Helps parties communicate and generate their own settlement options, without giving opinions on the merits | Disputes where an ongoing relationship matters, or where both sides are willing but need help talking |
| Evaluative | Offers a candid view of each side’s likely chances if the matter went to trial, to push realistic settlement | Disputes where one or both sides have unrealistic expectations about their case |
Some experienced mediators blend both approaches depending on how the session unfolds. Ask directly which style a prospective mediator leans toward before you book.
Questions to Ask Before You Book
- What is your experience with disputes of this type and size?
- What is your fee, and how do you expect it to be split?
- What is your typical process — one session, or several shorter ones?
- Do you offer a pre-mediation call with each side separately?
- What happens, procedurally, if we don’t reach a settlement?
Frequently asked questions
Do both parties have to agree on the same mediator?
Yes. Mediation is a voluntary, cooperative process, so the mediator is generally chosen by mutual agreement, or selected from an approved roster where mandatory mediation applies. One side cannot simply impose a mediator on the other outside of that roster process.
Does a mediator need to be a lawyer?
No. Many effective mediators are lawyers, but plenty of skilled mediators come from other professional backgrounds, particularly in specialized fields like construction, family business, or workplace disputes. What matters more is relevant training and experience with disputes like yours.
What if we can’t agree on a mediator?
If mediation is mandatory under a Superior Court rule, the applicable regional roster provides a built-in way to select or default to an assigned mediator. In voluntary mediation, if the parties truly cannot agree, mediation may not be the right fit for that dispute at that time.
Can my lawyer help me choose a mediator?
Yes, and it’s generally a good idea. A lawyer familiar with your type of dispute often knows which mediators have a strong track record with similar cases and can help you avoid a poor style or experience fit.
This is a litigation question
Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.