How Divorce Mediation Works in Ontario
| 1 | Both Spouses Agree Mediation is voluntary. Both parties must agree to participate. |
| 2 | Choose a Mediator A qualified family mediator is selected — often agreed upon by both sides. |
| 3 | Retain Your Own Lawyer Each spouse retains independent legal counsel. Unified LLP represents you. |
| 4 | Mediation Sessions Sessions are held in-person or virtually to work through disputed issues. |
| 5 | Memorandum of Understanding The mediator records the agreed terms in a written document. |
| 6 | Legal Review We review the MOU with you and advise you on the terms before you sign. |
| 7 | Separation Agreement A legally binding agreement is drafted and signed by both parties. |
What Can Be Resolved Through Mediation?
🏠 Property Division
The matrimonial home, investments, RRSPs, pensions, and other shared assets.
👨👩👦 Parenting Plans
Decision-making responsibility and parenting time schedules that put your children first.
💰 Child Support
Calculating and agreeing on support under the Federal Child Support Guidelines.
📋 Spousal Support
Entitlement, amount, and duration negotiated with guidance from the SSAG.
🏢 Business Assets
Valuation and division of any business interests held by either spouse.
📅 Holiday and Transition Planning
Christmas schedules, school decisions, relocation rules, and other parenting details.
Mediation vs. Litigation A Simple Comparison
| Mediation | Court Litigation |
|---|---|
| Weeks to a few months | 12 months to 3+ years |
| Lower cost | Can be very expensive |
| Private and confidential | Court records are public |
| You shape the outcome | A judge makes the decision |
| Preserves co-parenting relationship | Often increases conflict |
| Flexible and creative solutions | Limited to what a court can order |
Is Mediation Right for Your Situation?
Mediation works well when both spouses are willing to participate in good faith. It is especially effective for co-parents who will continue sharing responsibilities after separation.
It may not be suitable in situations involving domestic violence, serious power imbalances, or where one party refuses to make honest financial disclosure. We assess your circumstances and advise on the right approach.
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Common Questions About Divorce Mediation
Is mediation required before going to court in Ontario?
Not for all cases. However, lawyers are now required under the 2021 Divorce Act amendments to inform clients about family mediation and other alternatives to litigation before proceeding with court.
Can I have a lawyer present during mediation?
Yes. Many clients choose to have their lawyer attend mediation sessions. Others prefer to receive legal advice between sessions. We work with your preferences.
What happens if mediation fails?
If mediation does not produce an agreement, you still have the option of going to court. Nothing agreed in mediation is binding until you sign a final agreement, and we review everything before you do.
Explore mediation as a smarter way through your separation. Call Unified LLP at 416.787.7678 for a free consultation.
