MEDIACION
Mediation for Separation and Divorce in Ontario
What is Mediation
Mediation is a voluntary, confidential process in which separating or divorcing spouses work
with a neutral third party (a “mediator”) to resolve family law issues. Mediation can be used at
the start of a separation or during court proceedings. The objective is to reach a practical,
legally informed resolution that reflects the family’s circumstances while reducing conflict, delay,
and cost.
What Mediation Can Address
Mediation can be used to resolve some or all issues arising from separation or divorce,
including:
Parenting arrangements: decision-making responsibility, parenting time, schedules,
holidays, travel, communication, and parenting plans
Child support: guideline income, special or extraordinary expenses, disclosure,
adjustments, and arrears planning
Spousal support: entitlement, amount, duration, review terms, and variations
Property and equalization: asset and debt disclosure, valuation dates, excluded
property, and equalization payment structure
Matrimonial home issues: possession, sale, buy-out options, interim arrangements,
and expenses
Separation agreements: negotiating terms and preparing documentation for
enforceability
Other terms: health/dental coverage, life insurance, education costs, tax considerations,
and dispute-resolution clauses going forward
How Mediation Works
While each file is tailored to the family’s needs, a typical mediation process includes:
1. Intake and screening
The mediator gathers background information and conducts screening to assess
suitability, including concerns relating to safety, power imbalance, coercive control, or
family violence.
2. Preparation and disclosure
Meaningful mediation requires reliable disclosure, particularly in support and property
matters. Financial disclosure may include income documents, tax returns, bank
statements, pension information, and property valuations.
3. Mediation sessions
Sessions may be held in person or virtually. The mediator helps identify issues, clarify
interests, reality-test options, and guide discussion toward workable solutions.
4. Memorandum of understanding / minutes of settlement
If an agreement is reached, the mediator typically records the terms. A lawyer can then
convert the understanding into a Separation Agreement or court-consent
documentation, as appropriate.
The Mediator’s Role (and Limits)
A mediator is neutral and does not take sides. The mediator’s role is to facilitate constructive
negotiation, improve communication, and assist the parties in reaching informed decisions.
Mediators may provide legal information but mediation is not a substitute for legal
representation. Each party may obtain independent legal advice on proposed terms before
finalizing any agreement.
Is Mediation Confidential in Ontario?
Mediation is generally confidential. As a rule, discussions in mediation are conducted on a
“without prejudice” basis, meaning they are intended to encourage settlement and are not used
in court as evidence of admissions or negotiation positions.
Benefits of Mediation
Mediation is often chosen because it can:
Reduce conflict and support cooperative coparenting
Provide more flexible, customized outcomes than court orders
Resolve issues faster than traditional litigation timelines
Lower legal costs by narrowing issues and avoiding motions
Improve compliance by creating solutions the parties helped design
Protect privacy and minimize public court involvement
When Mediation May Not Be Appropriate
Mediation may be inappropriate or require significant safeguards where there are concerns
about:
Family violence, coercive control, intimidation, or fear
Significant power imbalance that cannot be managed
Persistent nondisclosure or refusal to provide financial information
Urgent issues requiring immediate court intervention (e.g., safety, abduction risk)
In such cases, alternatives may include negotiation through counsel or court proceedings.
Mediation With Counsel vs. Without Counsel
Mediation can be effective either:
Party-to-party mediation (each spouse attends without counsel present), or
Counsel-assisted mediation (lawyers attend and support negotiations in real time)
Counsel-assisted mediation may be particularly helpful where the issues are complex (property,
support, pension division). Mazinani Divorce Lawyers have extensive mediation experience and
success.
From Mediation to a Binding Agreement
Agreements reached in mediation are commonly formalized through:
A Separation Agreement (a written contract setting out support, parenting, and property
terms), and/or
Minutes of settlement and, where needed, court orders on consent (for example, to
support enforcement mechanisms)
Proper documentation matters. Clear terms regarding disclosure, exchange of information,
payment dates, review clauses, and dispute-resolution processes can prevent future conflict.
Parenting-Focused Mediation
For parents, mediation can be structured to prioritize stability and the child’s needs, including:
Development of a practical parenting plan (weekdays, weekends, transitions)
Communication rules and decision-making processes
Managing school, medical care, extracurricular activities, and travel
Protocols for introducing new partners and addressing disputes
Where appropriate, mediation can be supplemented by parenting coordination or professional
supports. Mazinani Divorce Lawyers are experienced in mediation and parenting plans.
