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Family Mediation Services

Mediation is a voluntary way of resolving disputes where a trained mediator helps parties of relatively equal bargaining positions, to resolve disputes about family issues.

Mediators are usually social workers, lawyers, psychologists, or other professionals. When these professionals work as family mediators, their job is to help parties reach an agreement on support payments, the division of property, custody of and access to the children, or any other family-related issues. Mediators do not take sides or make decisions for the parties. They cannot give legal advice.

A party considering mediation should speak to a lawyer before seeing a mediator. It is helpful to know the law and one's rights and obligations first, before mediation starts. Lawyers will usually not go to mediation with the parties. But, it is important for parties to show any agreement reached during mediation to their lawyers.

Mediation is not appropriate for everyone, particularly in cases where there has been violence or abuse. Where one party is afraid of, or intimidated by, their spouse/partner, mediation may not be a good idea.

Parties who are unhappy with the mediation process can leave it at any time.

Mediation Services at Family Court Locations

Mediation for family law matters is provided at all 17 Family Court locations. These services include mediation of all legal issues arising upon family breakdown: custody, access, support, and equalization of net family properties. Services are delivered in accordance with the Ministry of the Attorney General's Policies for Government Funded Mediation Services.

External service providers who have been awarded a contract by the Ministry provide the services. Mediators, providing services in connection with the Family Court, are required to have qualifications at least comparable to those of a "practising mediator" as set out by the Ontario Association for Family Mediation (OAFM) as follows:

  • professional degree or equivalent
  • minimum of 60 hours of family mediation training (basic and advanced skill course)
  • minimum of 100 hours of supervision and/or
  • minimum of 5 cases mediated to the point of agreement where a practising OAFM mediator has provided supervision and/ or consultation

Mediation is available on-site, in the court facility, and off-site, in the mediators' offices. User fees for off-site mediation are charged to clients on a sliding scale based on number of dependants and income.

Mediation is voluntary. In order to ensure that cases are appropriate for mediation, mediators are required to screen their clients to ensure that:

  • abuse has not occurred that has rendered either party incapable of mediating
  • no harm will come to either party or the children as a result of mediating
  • the parties' desire to mediate is voluntary
  • any inequality in bargaining power can be managed so as to ensure that negotiations are balanced and procedurally fair
  • parties are psychologically ready to mediate and have the capacity to do so
  • the complexity of the case does not exceed the mediator's education, training and competence

Family Mediation Roster (Toronto)

As a joint initiative of the Ontario Superior Court of Justice and the Ministry of the Attorney General, a roster of family mediators was developed in Toronto in 1998. The roster is available to all clients of the court.

Clients are required to pay for the service. Mediators on the roster undertake to charge a tariff of $300 per party for the first four hours of mediation (including preparation and screening), after which they may charge their usual fee. Mediators on the roster are also required to provide a minimum of 12 hours of free mediation per year.

Location

Superior Court of Justice
393 University Avenue
Toronto, Ontario
(416) 326-6214