Family Law Mediation in Ontario: What Happens and Is It Required?

If you are starting a family case, you have probably been told to try mediation. It helps to know what is actually required, what the process feels like, and what mediation can and cannot do for you.

This article explains the rules in Ontario, how a typical session runs, what it can cost, and how an agreement can become something a court will enforce.

Is mediation mandatory in Ontario?

Ontario's family court guide does not make mediation mandatory before a family court case starts. Mediation itself is voluntary.

That said, under section 7.3 of the Divorce Act, parties to a proceeding must try to resolve matters through a family dispute resolution process, to the extent it is appropriate to do so. The Act defines that as a process outside court, including negotiation, mediation and collaborative law.

Lawyers have a role too. Under section 7.7(2)(a), legal advisers must encourage clients to try family dispute resolution unless it would clearly not be appropriate, for example where there is family violence.

The one early step that is required: the MIP

The required early step is the Mandatory Information Program (MIP), where parties learn about dispute resolution options. You must attend a MIP session before your first appearance or case conference, and no later than 45 days after the case starts.

You may not need to attend in some situations:

• You already attended a MIP for this or another case.
• You agree on all matters.
• The case involves only divorce, costs, an existing agreement or order, or family arbitration.
• It is a motion to change a final order for child or spousal support only.

A judge can also excuse attendance if your circumstances are urgent or attending would cause you hardship. Family Law Information Centres at family courts across Ontario can help with mediation referrals and with rescheduling a MIP session.

How a mediation session runs

The mediator is a neutral third party who does not take sides, make decisions or give legal advice. Their job is to help the two of you talk through the issues and look for terms you can both accept.

Mediation is closed unless both parties agree it will be open. Closed discussions and documents cannot be used in court, with limited exceptions such as child safety concerns. This lets people speak more freely about options.

Mediation is not suitable for every relationship. At intake, mediators screen each person separately to confirm an equal negotiating position, and the screening continues throughout. Mediators must also have 21 hours of intimate partner violence training. If you are worried about safety, the Victim Support Line is 1-888-579-2888.

Cost, timing and other options

Court-connected mediation is free on-site on your court day. Off-site mediation fees use a sliding scale based on income and dependants. For example, someone earning under $60,000 may pay $5 to $105 per hour. Those fees can change, so confirm the current schedule.

Ontario says mediation can be used before, during or instead of a court case and can be faster, cheaper and more private than court. How long it takes in your case depends on the issues, how prepared each person is and how willing you both are to compromise.

Making an agreement hold, and what to do next

Reaching a deal in mediation is only part of the job. Mediation can be used before, during or instead of a court case. If you and the other party agree to mediation-arbitration, the arbitration result is binding and enforceable by the court. For other outcomes, how you record the terms and whether a court can enforce them depends on your situation, so it is worth confirming with a lawyer before you rely on them.

• Check whether your case needs a MIP session and book it early.
• Decide whether mediation suits your situation, including any safety concerns.
• Ask a Family Law Information Centre about mediation referrals.
• Gather financial information and a list of the issues you want to resolve.
• Have a lawyer review any proposed terms before you sign.

Frequently asked questions