Family Law Resources

Family Mediation Ontario

Mediation is a method of resolving disputes without going to court. It is often used in family law to address issues between partners, but it can also apply to other types of legal disputes. 

A mediator is impartial and can assist parties in separation or divorce. The mediator helps identify issues, guides communication, and aids in reaching an agreement. Unlike an arbitrator, the mediator does not make decisions for the parties – they must resolve the issues together.

The mediator cannot provide legal advice but can educate about legal matters such as the best interests of children. Seeking independent legal counsel is highly recommended during mediation and before signing any final agreements.

You and your spouse must both agree on the mediator, who should be experienced in family law issues.

A mediator can help both parties negotiate by:

  • Ensuring the process is safe and balanced.
  • Encouraging constructive communication.
  • Helping you both understand each other’s needs and perspectives.
  • Guiding you towards a compromise.

How Mediation Works in Ontario

  1. Hire a lawyer to discuss alternative dispute and resolution methods.
  2. Both parties must agree to use mediation.
  3. Identify the issues for mediation, either by yourselves or with help from your lawyers.
  4. Agree on an experienced and neutral mediator.
  5. Sign a mediation agreement specifying:
      • The issues for mediation
      • The chosen mediator
      • How to share in the costs of mediation, and whether the mediator can change that allocation
      • Open or closed mediation
      • Mediation location
      • Procedure if negotiations fail
      • Procedure to end mediation
  6. Begin mediation meetings with the mediator, and possibly your lawyers. Multiple meetings may be necessary.
  7. If agreement is reached, in part or in full, a summary of that agreement should be written down. A common format is called a Memorandum of Understanding, which the mediator usually drafts and which the parties sign.
  8. Have the Memorandum reviewed by your lawyers, and if satisfactory, the lawyers should draft a Separation Agreement for the parties to sign.
  9. Sign the Separation Agreement.

Benefits of Mediation in Family Law

  • Voluntary Process: You can opt out anytime if you prefer arbitration or litigation.
  • Decision Control: You and your spouse make all key decisions.
  • Amicable Communication: Maintains and fosters good relations, reducing conflict and easing transitions, especially for children.
  • Confidentiality: Closed mediation ensures privacy.
  • Cost and Time Efficiency: Generally less expensive and quicker than court litigation.

Drawbacks of Mediation in Family Law

  • Power Imbalances: Not suitable where there has been abuse or significant power differences between parties.
  • Non-Binding Until Finalized: Agreements only become binding if they meet the minimum standards under the Family Law Act, which means that agreements need to be written down, signed, dated, and witnessed.
  • No Legal Advice: Mediators cannot offer legal advice; independent legal counsel is necessary and important.
  • Potential for Unresolved Disputes: If parties cannot agree, they may still need to resort to arbitration or court.
  • Settlement Exhaustion: Mediation can involve a lot of give and take, and if the mediation does not resolve all the issues, parties can sometimes feel that they have given too much, and become entrenched and unmoveable in options for resolution in the future.

What If Mediation Fails?

If mediation fails you still have other options: 

  • Arbitration: A neutral third party decides the disputes, and the decision is binding.
  • Litigation: Take the unresolved issues to court for a judge’s decision.
  • Further Negotiation: Continue negotiation with or without a mediator to seek a resolution.

Frequently Asked Questions

What is the typical cost of family mediation in Ontario?

Family mediation costs in Ontario can vary. Generally, fees depend on the mediator’s qualifications and experience. On average, mediators charge hourly rates that range from $300 to $600 per hour.

Are divorce mediation outcomes legally binding in Ontario?

Yes, if the parties reach an agreement through mediation on parenting, child support, spousal support, and/or property, that agreement can be legally binding in Ontario. However, a court is the only authority who can grant a divorce, and the court will take into account the agreement terms when ordering the divorce.

What are common settlement offers during mediation in Ontario?

During mediation in Ontario, common settlement offers might include:

What’s the difference between mediation and arbitration?

Mediation involves a mediator who facilitates discussion and helps the parties find a solution. The mediator does not make a decision on the outcome. Arbitration, on the other hand, involves a court-like process where parties make formal submissions and present evidence to the arbitrator, and the arbitrator then makes a binding decision called an “Award”.