Family Mediation Glossary
A
Accredited Family Mediator
A mediator who has completed recognised training and meets Ontario’s professional standards for family mediation.
Alternative Dispute Resolution (ADR)
Processes such as mediation or negotiation used to resolve family law disputes without going to court.
B
Best Interests of the Child
The legal standard used in Ontario when making decisions about parenting, focusing on the child’s safety, well-being, and stability.
C
Child Support
Financial support paid by one parent to the other for the care of a child, calculated using federal Child Support Guidelines.
Confidentiality
A core principle of mediation where discussions cannot be shared outside the process or used in court, with limited legal exceptions.
Consent Order
A court order that reflects an agreement reached by both parties, often based on mediated terms.
D
Decision-Making Responsibility
Legal authority to make major decisions about a child’s education, health care, religion, and general welfare.
Divorce Mediation
A mediation process focused on resolving issues related to divorce, such as parenting, support, and property division.
Divorce Certificate
An official document confirming that a divorce is final, often required to remarry.
Divorce Order
The court order that legally grants a divorce. The divorce becomes final after a mandatory waiting period.
E
Equalization of Net Family Property
Ontario’s legal process for dividing marital property by calculating and equalising each spouse’s net family property.
Enforceability
The ability for a separation agreement or court order to be legally enforced if one party does not comply.
F
Family Mediation
A voluntary process where a neutral mediator helps family members resolve disputes related to separation, parenting, or finances.
Financial Disclosure
The legal requirement for both parties to fully and honestly disclose income, assets, debts, and expenses.
G
Good Faith Negotiation
Participating in mediation honestly, openly, and with a genuine intention to resolve issues.
I
Independent Legal Advice (ILA)
Legal advice obtained from a lawyer who reviews a mediated agreement to ensure a party understands their rights and obligations.
J
Joint Divorce
A divorce application filed together by both spouses when all issues have already been resolved.
M
Matrimonial Home
The primary family residence, which has special legal treatment in Ontario regardless of ownership.
Memorandum of Understanding (MOU)
A non-binding summary of the terms agreed upon in mediation, typically reviewed by lawyers before becoming a separation agreement.
N
Net Family Property (NFP)
The value of a spouse’s assets minus debts, calculated as of the date of separation for property division purposes.
P
Parallel Parenting
A parenting arrangement that limits interaction between parents while allowing both to remain involved with the child.
Parenting Plan
A written document outlining parenting time, decision-making responsibility, and communication arrangements.
Parenting Time
The time a child spends with each parent, replacing older terms such as “access.”
S
Screening for Power Imbalances
A mandatory mediation step to assess for family violence, coercion, or unequal bargaining power.
Section 7 Expenses
Special or extraordinary child-related expenses, such as childcare, medical costs, or extracurricular activities.
Separation Agreement
A legally binding contract that resolves issues such as parenting, support, and property after separation.
Spousal Support
Financial support paid by one spouse to the other following separation or divorce.
Substituted Decision-Making
Court-approved alternative arrangements when a parent cannot exercise decision-making responsibility.
U
Uncontested Divorce
A divorce where there are no disputes left for the court to decide.
Unequal Division
A departure from equal property division ordered in rare circumstances where equal sharing would be unfair.
V
Variation
A legal change to an existing separation agreement or court order due to a material change in circumstances.
Voluntary Process
A defining feature of mediation—both parties choose to participate and may withdraw at any time.
W
Without Prejudice
A legal term meaning statements made during mediation cannot be used later in court proceedings.
