Can You Use Family Mediation After an Ontario Court Case?

Quick Answer

Yes. You can often explore family mediation after court proceedings begin in Ontario.

Can You Still Use Family Mediation After Filing in Ontario Family Court?

Yes. Mediation after filing in family court remains an option in many Ontario family law cases.

The Superior Court of Justice encourages parties whose cases are already before the court to try to settle issues by consent through mediation where appropriate. Court-connected family mediation services are also available for parties who already have matters before the family court.

When Can Mediation Take Place During a Family Court Case?

There is no single stage at which mediation must occur.

Depending on the circumstances, parties may consider mediation:

• after an application and response have been filed;
• between court appearances;
• after temporary parenting or support arrangements have been made;
• before a settlement conference;
• while financial disclosure is being completed;
• after some issues have already been resolved; or
• before a family law trial.

Ontario’s rules and court guidance recognize settlement efforts during an active case. The Family Law Rules also contain provisions dealing with cases where parties have participated in family mediation and later proceed with court conferences.

Can You Mediate Only Some Issues?

Yes. Family mediation during court proceedings does not have to settle the entire case.

The parties can choose to focus on the issues where settlement appears possible.

For example, they might agree on:

• parenting time while child support remains disputed;
• Section 7 expenses while spousal support remains unresolved;
• how financial disclosure will be exchanged before discussing support;
• holiday parenting arrangements while long-term parenting issues continue; or
• a temporary arrangement while larger financial questions remain before the court.

What Family Law Issues Can Be Mediated During an Ontario Court Case?

Can Parenting Issues Be Mediated During Court Proceedings?

Yes. Parenting issues are commonly discussed in Toronto Family Mediation.

Depending on the circumstances, mediation may address:

• parenting time;
• decision-making responsibility;
• regular parenting schedules;
• holidays and school breaks;
• transportation and exchanges;
• communication between parents;
• changes to temporary parenting arrangements; and
• practical problems that have developed since the court case started.

Can Child Support and Section 7 Expenses Be Mediated?

Yes. Child support and related financial issues may also be discussed during mediation.

This can include:

• ongoing child support;
• income information used to calculate support;
• changes in income;
• Section 7 special or extraordinary expenses;
• daycare and childcare costs;
• medical or health-related expenses;
• extracurricular activities; and
• how eligible expenses will be divided and reimbursed.

Financial disclosure in Ontario mediation is particularly important when mediation involves support.

Can Spousal Support, Property and Financial Issues Be Mediated?

Family mediation may also be used for financial issues between separated spouses.

Depending on the case, this may include:

• spousal support;
• income questions;
• financial disclosure;
• property-related disagreements;
• payment arrangements;
• implementation of previously discussed financial terms; and
• financial terms required for a broader settlement.

Ontario specifically identifies support payments and property division as matters that can be discussed in Toronto Divorce Mediation.

Does Family Mediation Pause or Stop an Ontario Court Case?

Starting mediation should not be treated as automatically putting an Ontario family court case on hold.

Family mediation and court proceedings can operate at the same time.

Ontario expressly allows mediation to be used at any time during a family court case.

That does not mean the existing court proceeding disappears.

Unless something has formally changed, the parties should continue to pay attention to:

• scheduled court appearances;
• filing deadlines;
• financial disclosure requirements;
• temporary orders;
• conference dates;
• motion dates; and
• other directions already made by the court.

This is particularly important when mediation begins shortly before another scheduled court step.

What Happens If You Reach a Settlement During Mediation?

Reaching an agreement during family mediation while a court case is ongoing can affect what still needs to be addressed in court.

The result may be:

• a full settlement of the entire case;
• a settlement of several issues;
• a temporary agreement; or
• a partial settlement that leaves some disputes unresolved.

A full settlement may significantly change the direction of the existing litigation.

A partial settlement can also be useful because the parties may no longer need the court to decide the issues they have resolved. Understanding family court expectations for mediated settlements can also help parties understand how resolved issues may fit into the ongoing court process.

When Might Family Mediation Not Be Appropriate?

Family mediation during an Ontario court case should not automatically be treated as the right process for everyone.

Additional screening, safeguards, or another dispute-resolution process may be needed where there are concerns involving:

• family violence;
• coercive control;
• serious power imbalances;
• threats or safety concerns;
• an inability to participate freely or meaningfully;
• serious financial non-disclosure;
• urgent concerns involving a child;
• urgent financial problems; or
• circumstances requiring immediate court intervention.

For example, mediation may be difficult where one person is afraid to disagree with the other or feels pressured to accept terms.