Court-Connected Mediation Services in Ontario Family Court

If you are heading to family court in Ontario, you may be able to try mediation as part of the process rather than going straight to a judge. Some of this help is free, and some is priced on a sliding scale.

This article explains what court-connected mediation is, who can use it, and where it may not be a good fit. Availability can vary by courthouse, so the court office is the place to confirm details.

What mediation is

In mediation, a neutral mediator helps the parties reach agreement but does not take sides, make decisions or give legal advice. You and the other person decide whether to agree. If you do not agree, your case can continue in court.

Mediation is one form of family dispute resolution. Under the Divorce Act, to the extent appropriate, the parties to a proceeding must try to resolve their matters through a family dispute resolution process.

Free on-site mediation at the courthouse

Free on-site mediation is available at family courts on the day a matter is scheduled for court. In practice, that means you may be able to talk with a mediator at the courthouse while you are already there.

Because services vary between courthouses, call or visit the court office ahead of time to ask whether on-site mediation is offered on your court date, how to sign up, and whether any other requirements apply.

Off-site mediation and sliding-scale fees

Off-site mediation may charge user fees on a scale based on income and number of dependants. So the cost depends on your household situation rather than a single flat rate.

When mediation may not be right

Justice Canada notes that some types of dispute resolution may not be appropriate in high-conflict cases or where there is a power imbalance or family violence. Ontario mediators screen for intimate partner violence at intake and throughout the process.

If you are a victim of domestic violence who is in, or may become involved in, a family court case, you may get help from a Family Court Support Worker. The worker can explain the process, help you prepare, help with safety planning, including getting to and from court safely, and go to court with you when appropriate.

Remember that the mediator will not give you legal advice. Duty counsel at family courthouses may give 20 minutes of free advice, whether or not you are eligible for legal aid. Judges and court staff cannot give legal advice.

What to do next

• Check your court date and ask the court office whether on-site mediation is offered that day.
• Ask whether any off-site mediation is available and how fees are set for your income and dependants.
• Tell the mediator about any safety concern at intake or at any point.
• Speak with duty counsel before you agree to anything, if one is available at your courthouse.
• Bring your court documents and a list of the issues you want settled.

If you reach an agreement, have a lawyer review it before you sign so you understand what it means for you.

Frequently asked questions