Family Mediation in Ontario: What You Need to Know Before You Begin

Family disputes can be overwhelming, whether they involve parenting time, support, or dividing property. In Ontario, family mediation has become one of the most effective ways to resolve these issues without the stress, cost, and uncertainty of a full court trial. But while mediation is designed to be accessible and collaborative, there are important legal and practical details that every participant should understand before they start.

In this guide, we’ll walk you through the essentials of family mediation in Ontario, how it works, what it costs, the rules of confidentiality, and the hidden pitfalls you need to watch for.

What Is Family Mediation and Where Can You Get It?

Family mediation is a voluntary process under Ontario family law where a neutral mediator helps separating or divorcing partners work out issues such as:

• Parenting time and decision-making responsibilities
• Child and spousal support
• Division of property and debts
• Disclosure protocols and parenting plans

In Ontario, mediation comes in two main forms:

• Court-connected mediation (offered by the Ministry of the Attorney General):
  • On-site at court: Same-day mediation, usually free of charge.
  • Off-site by appointment: Subsidized on a sliding scale based on income and family size.
• Private mediation:
  • Works similarly but is paid at market rates.
  • Often offers additional options like med-arb (mediation-arbitration), but these come with stricter legal requirements.

Mediation can be used with or without an active court case, so you don’t need to wait until you’re already in litigation to try it.

Costing and Intake: What to Expect Upfront

Court-connected mediation is designed to be affordable:

• On-site (at court): Free of charge.
• Off-site (by appointment): Fees follow the MAG sliding-fee schedule, ranging from free to reduced hourly rates, depending on your income. Intake meetings are always free.

Private mediators set their own rates, which can vary widely depending on experience and complexity.

At the intake session, make sure the following are clear in writing:

• Who drafts the Minutes of Settlement if an agreement is reached
• Who pays for drafting costs
• Target timelines for completing the settlement

Getting this clarity early helps prevent misunderstandings later.

The Agreement to Mediate: The Foundation Document

Before mediation begins, parties usually sign an Agreement to Mediate, which should include:

• A confidentiality clause (with clear carve-outs)
• Confirmation that participation is voluntary
• Full and frank financial disclosure requirements
• Logistics of the process (sessions, caucus rules, timelines, drafting responsibilities)
• Fee and cancellation terms

This agreement protects both parties and ensures the process is transparent.

Confidentiality and Settlement Privilege: What’s Private (and What’s Not)

Family mediation is generally “without prejudice,” which means discussions and offers made in mediation can’t be used against you in court. But there are important exceptions:

• Proving the existence or terms of a final settlement
• Reporting professional misconduct by a mediator
• Threats or admissions of serious harm
• Legal obligations like child protection reporting (explained below)

Courts may also look at how parties behaved during mediation when deciding costs, especially if someone failed to show up or refused to participate reasonably.

The Child Protection Override

Under Ontario’s Child, Youth and Family Services Act (CYFSA) s.125, mediators and participants must report to a Children’s Aid Society if they have reasonable grounds to suspect a child is at risk. This duty overrides confidentiality.

That’s why screening protocols and mediation agreements always include this carve-out.

Screening for Safety and Power Imbalances

Every court-connected mediation program in Ontario screens for intimate partner violence (IPV) and power imbalances at the intake stage. Screening may lead to:

• Shuttle mediation (where parties are kept in separate rooms)
• Virtual mediation with extra safety protocols
• In some cases, termination of the mediation if it’s not appropriate

If mediation shifts to med-arb (a combined mediation-arbitration process), Ontario’s Family Arbitration Regulation (O. Reg. 134/07) requires independent screening, independent legal advice, and formal compliance steps. If these aren’t followed, any arbitration award can be challenged in court.

The Importance of Financial Disclosure and Parenting Information

Mediation only works if both parties are transparent. In Ontario, mediators will usually require:

• Income documents (pay stubs, tax returns, Notices of Assessment)
• Sworn Financial Statements
• Business records if self-employed

For parenting issues, a detailed parenting plan is essential. It should cover:

• Exchange and pick-up logistics
• Information-sharing obligations
• Travel consent rules
• Relocation notice
• Dispute resolution steps (e.g., a “mediation-first” clause for future issues)

From Agreement to Enforceable Settlement

A mediator’s Memorandum of Understanding (MOU) is not legally binding. To make it enforceable, parties must either:

• Turn it into Minutes of Settlement and file for a consent order, or
• Draft a Separation Agreement with the help of lawyers and ensure both parties receive independent legal advice (ILA).

Agreements made without proper disclosure or without an ILA are vulnerable to being set aside later by a court.

Remote Options and Flexible Formats

Mediation today often happens virtually. Court-connected and private mediators frequently use:

• Virtual mediation platforms with clear no-recording rules
• Shuttle caucus formats, keeping parties apart to reduce conflict
• Hybrid models, blending in-person and online sessions

These safety features make mediation more accessible, even in high-conflict or safety-sensitive situations.

Timelines and Duration

How long mediation takes depends on the complexity of the issues:

• Simple parenting disputes can sometimes be resolved in a single day.
• Property and support matters often take multiple sessions after disclosure.
• On-site mediation during a court proceeding can help settle temporary issues quickly, such as parenting schedules, without waiting for a full trial.

When Mediation Is Not Appropriate

Mediation is not the right fit in all cases. It may not work where there are:

• Active safety risks or domestic violence that cannot be managed through safeguards
• Persistent non-disclosure of financial information
• Severe capacity issues (e.g., due to impairment)
• Situations where a party needs a binding decision quickly (arbitration or court may be better)

Final Thoughts: Why Mediation Matters

Family mediation in Ontario is designed to reduce conflict, promote collaboration, and keep families out of costly litigation. But while it is flexible and affordable, it also comes with strict legal requirements that must be respected, especially around disclosure, safety, and enforceability.

For many families, mediation is the first real opportunity to craft practical, lasting solutions outside of court. With proper preparation and legal guidance, it can lead to more durable agreements and a healthier path forward.