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Family Law · Ontario

Mediation decides nothing. That is the point.

A mediator does not rule on your case. They help you reach an agreement you both accept — which is why mediation succeeds where litigation grinds, and why it needs the right support around it.

How it works

Step by step

  1. Screening, including for power imbalance
  2. Full financial disclosure exchanged
  3. Mediation sessions
  4. Memorandum of understanding
  5. Independent advice, then a signed agreement

Our family law work starts at $1,693.87, taxes included and published on our pricing page. Disbursements and government fees are extra and billed at cost.

What mediation is, and what it is not

A mediator is a neutral. They do not represent either party, do not give either party legal advice, and cannot impose an outcome. Their job is to help two people who disagree find terms they can both live with.

That neutrality is the source of both the value and the limitation. A mediator will not tell you whether the deal on the table is better or worse than what a court would likely do. Only your own lawyer can tell you that.

Mediation is different from arbitration, where a decision-maker does impose a binding outcome, and from collaborative practice, where each party has a lawyer and everyone agrees not to litigate.

Why you still need your own lawyer

The output of a successful mediation is a memorandum of understanding — a summary of what was agreed. It is usually not, by itself, a binding domestic contract.

Turning it into a separation agreement that will hold requires drafting, and independent legal advice for each party. Skipping that step is how couples end up with a document that reflects what they meant but does not do what they need.

There is a cost logic here too. Mediation plus two lawyers drafting and advising is very often far cheaper than two lawyers litigating.

When mediation is the wrong tool

Mediation depends on both parties being able to negotiate freely. Where there is a significant power imbalance, or a history of family violence, that assumption may not hold, and screening for it is a standard part of responsible practice.

It also depends on disclosure. Mediating without knowing what the other side has is negotiating blind, and no amount of goodwill in the room fixes that.

Questions

Common questions

Is mediation binding?

The mediation itself is not. What comes out of it becomes binding when it is converted into a properly executed separation agreement, or incorporated into a court order.

Do I need a lawyer if we are mediating?

Yes. The mediator is neutral and cannot advise either of you. Independent legal advice is what turns a memorandum of understanding into a durable agreement.

What is the difference between mediation and arbitration?

A mediator helps you reach your own agreement. An arbitrator decides and imposes an outcome that binds you.

What if we agree on most things but not all?

That is a good result. Narrowing the dispute to one or two issues makes what remains cheaper and faster to resolve.

Is mediation appropriate in every case?

No. Where there is family violence or a serious power imbalance, it may not be, and responsible practice includes screening for that before starting.

Read more

Official resources

Government sources for this topic. Rules change — confirm the current position before you rely on it.

This page is general information, not legal advice. Reading it does not create a lawyer-client relationship. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070.
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