How to Prepare for a Mediation Session in Ontario

Walking into mediation unprepared is one of the most common ways to waste the opportunity it offers. A mediation session is often your best chance to resolve a dispute on your own terms, before a court, or an arbitrator, decides for you — but that only works if you show up ready to negotiate seriously.

Knowing how to prepare for mediation in Ontario means more than just clearing your calendar. It means having your documents organized, a realistic sense of your settlement range, and clear authority to actually say yes to a deal in the room.

Step 1 — Understand What Mediation Actually Is (and Isn’t)

Mediation is not a mini-trial, and the mediator will not decide who is right. Their job is to help both sides find common ground, sometimes by testing each side’s position privately. Going in expecting the mediator to "rule" in your favour sets you up for frustration rather than a productive session.

Many mediations also begin with each side giving a short opening statement summarizing their view of the dispute. A brief, calm, fact-focused statement sets a more productive tone than an emotional or accusatory one — practice yours in advance, and keep it short. The goal is to frame the issues clearly, not to relitigate every grievance before negotiations even start.

Step 2 — Organize Your Key Documents

Pull together the documents that actually matter to your dispute, not everything in the file:

• The contract, agreement, or correspondence at the centre of the dispute
• Evidence supporting the amount you’re claiming or disputing, such as invoices, statements, or communications
• Any prior settlement offers exchanged between the parties
• A short written summary, sometimes called a mediation brief, outlining your position, if the mediator has requested one

Step 3 — Know Your Numbers

Before the session, work out:

• The best outcome you could realistically expect
• The minimum outcome you would actually accept
• Where the costs and risks of continuing to litigate or arbitrate fit into that range

Going in with only a single fixed number in mind, rather than a realistic range, makes it much harder to reach a deal on the day.

Step 4 — Confirm Who Has Authority to Settle

This step trips up more mediations than almost anything else. If you’re representing a business, make sure the person attending mediation, or reachable by phone during it, actually has authority to agree to a settlement on the spot. A mediation session where nobody in the room can say "yes" to a deal often ends in a stalled, second session.

Step 5 — Think Through the Other Side’s Perspective

Consider what the other party’s likely goals, pressure points, and constraints are. Mediation works best when each side understands not just their own case, but what might actually move the other side to agree.

Step 6 — Plan Logistics

• Confirm whether the session is in person or virtual
• Confirm how long it’s expected to run, and clear your schedule accordingly
• If you have a lawyer, agree in advance on roles — who speaks when, and how private caucus discussions with the mediator will be handled

Pre-Mediation Checklist

On the day itself, bring a copy of every key document you’ve organized (plus extras, in case the mediator or the other side needs one), a private written note of your settlement range, contact information for anyone with settlement authority who isn’t physically in the room, and a notepad to track offers and counteroffers as the session unfolds — negotiations can move quickly, and a clear record helps you evaluate where things stand.

• [ ] Key documents and evidence organized
• [ ] Mediation brief prepared, if requested
• [ ] Realistic settlement range worked out
• [ ] Settlement authority confirmed
• [ ] Prior settlement offers reviewed
• [ ] Logistics — location, timing, format — confirmed
• [ ] Strategy and roles discussed with your lawyer, if you have one
• [ ] Documents, notes, and contact information ready to bring on the day

Frequently asked questions