Is Family Mediation Mandatory When Couples Separate or Divorce in Ontario?

When facing separation or divorce, many couples in Ontario consider mediation as an alternative to traditional litigation. However, a common question that arises is whether mediation is mandatory in Ontario. In this blog post, we will explore this question, the benefits of mediation, and how it fits into the family law process.

Understanding Mediation

Mediation is a voluntary process where a neutral third party, known as a mediator, helps separating or divorcing couples reach mutually acceptable agreements. This process can cover various issues such as property division, spousal support, child support, and parenting arrangements. In mediation, unlike in court, the mediator does not act as a judge to make decisions for the couple about resolving their issues. Instead, the mediator's role is to facilitate dialogue and help the parties reach a mutually agreed-upon resolution themselves.

Is Family Mediation Mandatory in Ontario?

Attending mediation is not mandatory for couples who are separating or divorcing in Ontario.

However, mediation is strongly encouraged under federal and provincial laws and recommended by family court judges as a means to resolve the issues arising from separation including parenting, child and spousal support, and the division of assets.

What does the Canadian Divorce Act say about family mediation?

Section 7.3 of the Divorce Act, which applies to married spouses in Canada provides:

To the extent that is is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be subject of an order under this Act through a family dispute resolution process.

Mediation is a family dispute resolution process as defined by the Divorce Act.

This means that under the law in Canada, married spouses are required to try mediation or another out of court family dispute resolution process such as negotiation or collaborative law before applying to court, unless it would be inappropriate to do so.

Section 7.7(2)(a) of the Divorce Act further provides, “It is also the duty of every legal adviser who undertakes to act on a person’s behalf in any proceeding under this Act, to encourage the person to attempt to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so.”

This means that lawyers also have a positive duty to encourage their clients to attempt to resolve matters through mediation or another family dispute resolution process, unless it would be clearly inappropriate in the circumstances of the case to do so.

There is no definition in the Divorce Act as to when it would be inappropriate to try to resolve matters through mediation or another family dispute resolution process, but generally applications to family court should made only when necessary, such as situations where there is an emergency or safety concerns requiring a court order, or when out of court dispute resolution options like mediation have been exhausted.

What do the provincial Ontario family laws say about mediation?

The Ontario Family Law Act , which applies to married and common law spouses and governs property and support issues, permits the Court to make an Order appointing a mediator.

The Children’s Law Reform Act, which governs parenting issues between unmarried spouses, also provides that the court may appoint a mediator at the request of the parties.

The Family Law Rules in Ontario further permit a judge to make an order combining otherwise mandatory and case and settlement conferences into a single court appearance where the parties have attended mediation and provided certain conditions have been met. Attempting mediation before applying to court can therefore potentially shorten the length of the court process, should court ultimately become necessary to resolve a dispute.

These laws are intended to promote the use of mediation. Family court judges commonly rely upon them to encourage parties to attempt to resolve issues through the mediation rather than court wherever possible.

Therefore, while mediation is not mandatory for separating families in Ontario, the current laws and decisions of family court judges strongly signal that other than in certain limited circumstances, mediation or another family dispute resolution process should be attempted prior to applying to court.

Even in contentious circumstances, there are many benefits to trying mediation before applying to family court. These benefits include saving time and money, reducing stress, maintaining autonomy over the outcome of your situation, and minimizing future conflicts.

You can learn more about the mediation process and its benefits in our posts on How Does Mediation Work for Separation and Divorce in Ontario and What Are the Benefits of Using Mediation When You Separate and Divorce in Ontario?

If you’re interested in learning more about mediation and collaborative law, and the distinction between these two family dispute resolution processes, you can read more about that topic in our post on Understanding Mediation, Collaborative Law, and Collaborative Mediation.

Disclaimer: This blog is for informational and educational purposes only, and none of the information in this blog post should be construed as legal advice. Should you have questions about your legal rights and obligations, or about your legal process options when you separate, you should consult with an independent lawyer to receive legal advice.

We can work it out. Together.

Teal Family Mediation is team of professional divorce mediators located in Hamilton, Ontario offering mediation services for separating married and common-law couples and co-parents. We provide an alternative to high-cost, inefficient and adversarial court proceedings with an affordable, modern and compassionate approach towards resolution.

We offer services in-person at our offices located in the Ancaster, Meadowlands and virtually from anywhere in Ontario.

 

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What Are the Benefits of Using Mediation When You Separate and Divorce in Ontario?

Separating or divorcing can be one of the most challenging experiences in life. However, choosing mediation over traditional litigation can make the process smoother and less stressful. At Teal Family Mediation, we understand the unique benefits of mediation and are here to guide you through this journey. In this blog post, we'll explore the numerous advantages of mediation for separation and divorce, highlighting why it may be the best choice for you and your family.

Understanding Mediation

Mediation is a voluntary process where a neutral third party, known as a mediator, helps separating or divorcing couples reach mutually acceptable agreements. Unlike court proceedings, mediation is confidential and allows couples to maintain control over the decisions affecting their lives. This process generally covers all aspects of separation and divorce to be included in a separation agreement, including a parenting plan, child support, spousal support and property division.

To learn more about the family mediation process in Ontario, read our blog: How Does Mediation Work for Separation and Divorce in Ontario?

Key Benefits of Family Mediation  in Ontario:

1.     Fulfill Your Legal Duties: Before applying to court, separating spouses have a legal duty under the Divorce Act to try to resolve their issues using a family dispute resolution process, such as mediation, to the extent that it is appropriate to do so. Parents also have a legal duty to protect their children from the harm of parental conflict under both federal and provincial laws. Family mediation can help you meet these legal duties. You can find more information about your legal duties and these recent changes to the Divorce Act on the Government of Canada website.

2.     Protect Your Children: Family mediation is child focused. The guidance and resources provided are aimed at promoting the well-being of children, reducing conflict and promoting your ability to successfully parent together during this time of transition and into the future. Family mediation also provides you and your co-parent the opportunity to create a custom parenting plan – which you design together - tailored to meet your unique family circumstances and your children’s individual needs.

3.     Focus on Your Future, Not Your Past: Mediation is a future looking process that is focused on reaching mutually agreeable solutions, without placing blame or finding fault. This is in contrast to more adversarial processes like court that often focus on past history and blame, which only amplifies conflict and keeps you stuck in the negative energy of the past.

4.     Have Your Voice Heard: In the mediation process you will be communicating directly with one another - with your mediator’s guidance - allowing both of your voices to be heard. This is in contrast to legal negotiations or court, where your voices are filtered through lawyers or reduced to written letters and court documents.

5.     Save Money: One of the most significant benefits of mediation is its cost-effectiveness. Traditional divorce litigation can be prohibitively expensive due to the legal fees and court costs involved in extended legal battles. In contrast, mediation generally involves much lower costs. This is usually true, whether you chose mediation without lawyers or lawyer-assisted mediation. By choosing mediation, couples in Ontario can save a substantial amount of money, making it a financially sensible option.

6.     Save Time: Court proceedings can drag on for months or even years, prolonging the emotional and financial strain on both parties. Mediation, however, typically resolves disputes much more quickly. The flexibility of scheduling mediation sessions means that couples can work through their issues at their own pace, often leading to faster resolutions. This efficiency allows both parties to move forward with their lives sooner.

7.     Maintain Control Over the Outcome: Family mediation gives you the ability to maintain control over your negotiations so you can achieve the final outcomes you want for your family. This is in contrast to the court process where a judge unfamiliar with you or your children make decisions for your family and is bound by the “one-size fits all” legal model.

8.     Reduce Stress: Family mediation can minimize the emotional stress for those involved in the separation and divorce process. With the assistance of a trained, kind and compassionate mediator, a safe space can be created in the mediation process to give participants equal voice in communicating their individual and collective goals and interests, without engaging in stressful and harmful combat.

9.     Minimize Future Conflicts: The custom-tailored agreements reached through direct discussion in the family mediation process are generally lasting resolutions, in comparison to circumstances where a decision is imposed upon people -which they are often unhappy with. However, should future conflicts arise which you cannot resolve directly, you can agree to return to the mediation process for help in working together to find a solution.

10.  Protect Your Family’s Privacy: Unlike the Court process which is public, family mediation is a private and confidential process. All mediation participants are asked to sign a 'Mediation Agreement' to protect privacy and confidentiality.

11.  Improved Communication and Cooperation: The mediation process encourages open and respectful communication. This can be particularly beneficial for couples who will continue to co-parent their children. Mediation fosters a cooperative relationship, helping parents to establish a workable parenting plan and improve their communication skills. This improved dynamic can significantly benefit the children involved, as it promotes a more harmonious post-separation environment.

Why Chose Teal Family Mediation?

At Teal Family Mediation, our lawyer-trained mediators bring a wealth of legal knowledge and compassionate guidance to the mediation process. We specialize in helping couples navigate the complexities of separation and divorce with a focus on achieving fair and lasting agreements.

We are forward thinking and conscious family law professionals. We are among the first mediators in Ontario to team up with Our Family In Two Homes to offer their workbooks as part of our mediation process. We are also among the first group of Ontario family law professionals to be trained in the ConsciousContracts® Process. Our technologies improve the level of convenience and service we provide with virtual mediations, automated processes and online forms and billing.

Depending on your location and comfort level, our team offers both our team offers both in person virtual mediation services across Ontario for your convenience.

We also offer complimentary Discovery Calls to help you decide if our mediation services are the right fit for your family. These free consultations provide an opportunity for you to meet with a member of our team to understand the mediation process, ask questions, and determine if mediation is the right choice for your situation.

To assist you further, we have created a free Mediation Process Guide. This guide provides valuable insights into what you can expect during mediation and how to prepare for it.

We can work it out. Together.

Teal Family Mediation is team of professional family law and divorce mediators located in Hamilton, Ontario offering mediation services for separating married and common-law couples and co-parents. We offer an alternative to high-cost, inefficient and adversarial court proceedings with an affordable, modern and compassionate approach towards resolution.

We offer services in-person at our offices located in the Ancaster, Meadowlands and virtually from anywhere in Ontario.

 

You can download our free Mediation Guide to learn more about our services or connect with us today to book a complimentary Discovery Call where we can answer any questions you may have.

If you are interested in learning more about how we can help you, let’s connect.

Let’s Connect:

Disclaimer: none of the information in this blog post should be construed as providing legal advice. Should you have questions about your legal rights and obligations, or about your legal process options when you separate, you should consult with an independent lawyer to receive legal advice.