Mediation is a popular alternative to court for resolving family law disputes. It offers a more flexible, cost-effective, and private way to settle issues like parenting time, property division, and support. But mediation isn’t right for everyone. This blog explains what mediation is, how it works, and how to decide if it’s the right approach for your situation.
What Is Mediation?
Mediation involves a neutral third party—the mediator—who helps spouses negotiate and reach mutually acceptable agreements. The mediator does not make decisions but facilitates constructive discussions.
Differences Between Mediation, Arbitration, and Litigation
- Mediation: Facilitated negotiation, no binding decision unless an agreement is signed
- Arbitration: Neutral arbitrator hears evidence and makes a binding decision
- Litigation: Court process with a judge making final decisions
Types of Cases Suited for Mediation
- Parenting arrangements
- Property division
- Spousal and child support disputes
Benefits and Potential Drawbacks
Benefits: Lower cost, faster timelines, greater privacy, more control over outcomes
Drawbacks: Not legally binding until turned into a court order, may not work in high-conflict or abusive relationships
How to Prepare for Mediation
- Gather all relevant documents and financial records
- Identify your priorities and goals
- Be open to compromise
Role of the Mediator
The mediator ensures discussions remain productive, balanced, and focused on finding solutions. They cannot take sides or give legal advice.
What to Expect During a Mediation Session
- Each party shares their concerns and proposals
- The mediator helps clarify issues and explore options
- Sessions may take place in person or virtually
How Agreements Are Reached and Enforced
Once both parties agree, the mediator prepares a written summary. Your lawyer can turn it into a legally binding separation agreement or court order.
Costs and Timelines Compared to Court
Mediation is often much faster and less expensive than going to trial, though complex cases may require multiple sessions.
How to Find a Qualified Mediator
Look for mediators accredited by recognized organizations such as the Ontario Association for Family Mediation (OAFM).
Q: Is mediation enough to solidify my divorce?
Not by itself—mediation agreements must be converted into a legally binding separation agreement or court order to be enforceable.
Mediation can be a powerful tool for resolving family law disputes without the expense and stress of court. By understanding how it works and when it’s appropriate, you can decide if it’s the right fit for your family.
Join our free webinar, Is Mediation Right For Me?, on September 23 at 5PM ET to hear from experienced mediators and lawyers about how this process could work for you.
