Family Law

Family Mediation vs Going to Court in Canada

Updated October 20, 2026LawyerDirectoryCanada.ca Editorial Team

Family mediation is a process where a neutral, trained mediator helps separating spouses reach their own agreement on parenting, support and property. The mediator does not decide anything. Court is a process where a judge decides the issues the spouses cannot settle. For most families, mediation is faster, cheaper and less adversarial than court, and several provinces offer it free or at reduced cost. Court remains the right path when there are safety concerns, hidden assets or a spouse who will not engage.

This article is part of the guide to family law in Canada.

The short version

In mediation, the spouses decide. In court, a judge decides.
Ontario offers free on-site mediation at family courts and subsidized off-site mediation on a sliding scale.
BC's Family Justice Counsellors provide free mediation on parenting and support for people of modest means.
Alberta offers free family mediation where one parent earns $60,000 or less and there is at least one dependent child.
Lawyers have a duty under the Divorce Act to encourage clients to try family dispute resolution where appropriate.
Mediation is not appropriate in every case, especially where there is family violence.

Side-by-Side Comparison

	Mediation	Court
Who decides	The spouses, with help from a neutral mediator	A judge
Cost	Usually much lower. Free or subsidized programs exist in several provinces	Usually highest, especially if the case goes to trial
Time	Often weeks to a few months	Often months to years
Privacy	Private. In Ontario, discussions and documents from mediation generally cannot be shared in court	Court files and decisions are generally public, with some exceptions
Control over the outcome	High. The spouses can design creative solutions	Low. The judge applies the law to the evidence
Effect on co-parenting	Tends to reduce conflict	Can increase conflict
Best for	Couples who can still communicate safely	High conflict, safety concerns, non-disclosure or refusal to engage

How Family Mediation Works

Intake and screening. The mediator meets each spouse separately to understand the issues and screen for family violence and power imbalances. Mediation only proceeds if it is safe and fair.
Agreement to mediate. The spouses sign a contract setting out the mediator's role, fees and confidentiality.
Financial disclosure. If support or property is involved, both spouses exchange financial information.
Joint or separate sessions. The mediator helps the spouses identify issues, explore options and negotiate. Sessions can be in person, virtual, or shuttle mediation where the spouses are in separate rooms.
Memorandum of understanding. The mediator summarizes the terms reached.
Legal advice and formal agreement. Each spouse takes the summary to their own lawyer for advice, and the terms are turned into a binding separation agreement or consent court order.

Mediators cannot give legal advice to either spouse. Independent legal advice before signing is essential. See what to include in a separation agreement.

Free and Low-Cost Mediation by Province

Ontario

On-site mediation is free for parties on the day their matter is scheduled in family court.
Off-site mediation is available at any time from service providers under contract with the Ministry of the Attorney General, with user fees on a sliding scale based on income and number of dependents.
Court-connected mediators must meet minimum qualifications, including family mediation training and accreditation.
People with low incomes may be eligible for free mediation through Legal Aid Ontario.

British Columbia

Family Justice Counsellors, who are accredited mediators at Family Justice Centres and Justice Access Centres, provide free mediation to help separated people of modest means agree on parenting arrangements, guardianship, contact, and child and spousal support. Services are also available by phone and video.
Some free lawyer-mediator programs operate in certain communities for low and modest income families.
Mediate BC maintains a roster of private family mediators.

Alberta

Alberta's Family Mediation Program is free where at least one parent has gross income of $60,000 or less, there is at least one dependent child, and both parties agree to participate. It can cover parenting plans, child support and spousal support.
Since January 2, 2026, family cases in Alberta's Court of King's Bench run under a Family Focused Protocol with mandatory pre-court requirements, which pushes more families toward early resolution.

Other provinces and territories

Most provinces and territories offer some form of family justice services, parenting after separation courses or subsidized mediation. Check the provincial justice ministry or court website.

Other Ways to Settle Without a Trial

Option	How it works
Lawyer-to-lawyer negotiation	Each spouse's lawyer negotiates a settlement. The most common route in practice
Collaborative family law	Each spouse has a collaboratively trained lawyer, and everyone signs an agreement to settle without court. If the process fails, the lawyers must withdraw. Other professionals, such as financial specialists and family coaches, may be involved
Arbitration	A private arbitrator hears evidence and makes a binding decision. Faster and more private than court. In Ontario, family arbitrations must meet specific rules, including independent legal advice and screening for power imbalances
Mediation-arbitration	The parties try mediation first, and the mediator then arbitrates any issues that remain unresolved
Parenting coordination	A specially trained professional helps parents implement an existing parenting plan and resolve day-to-day disputes

When Mediation Is Not Appropriate

Mediation may not be safe or fair where:

there is family violence, including coercive and controlling behaviour
one spouse is intimidated by or afraid of the other
one spouse is hiding assets or refusing to provide financial disclosure
one spouse has a serious mental health or substance use issue affecting their ability to negotiate
urgent orders are needed, such as to protect children or prevent property from being sold

Screening by the mediator is designed to identify these situations. Shuttle mediation or lawyer-assisted mediation can sometimes address power imbalances, but court remains available and is sometimes the only safe option.

When Court Is the Right Choice

Going to court is appropriate when:

there are safety concerns requiring protection orders
a spouse will not participate in any settlement process
a spouse is not disclosing income or assets
urgent temporary orders are needed for parenting or support
negotiations have failed on a key issue

Even in court, most cases settle before trial, often at a case or settlement conference. See uncontested vs contested divorce.

The Legal Duty to Consider Dispute Resolution

Under the Divorce Act, parties to a proceeding must try to resolve matters through family dispute resolution processes, such as negotiation, mediation and collaborative law, to the extent it is appropriate. Lawyers must encourage clients to do so, unless it would clearly not be appropriate, and must tell them about available family justice services.

Frequently Asked Questions

Is a mediated agreement legally binding?

Not on its own. The mediator's summary must be turned into a signed separation agreement or a consent court order to be binding. Each spouse should get independent legal advice first.

Do I need a lawyer if I use mediation?

A lawyer is not required to attend mediation, but independent legal advice is strongly recommended before agreeing to final terms. Many people use a lawyer on a limited scope basis to advise between sessions and review the final agreement.

How much does private mediation cost?

Private mediators usually charge an hourly rate, often shared between the spouses. Costs depend on the number of issues and sessions. Government-funded programs in several provinces are free or subsidized for eligible families.

Can we mediate if we already started a court case?

Yes. Many families mediate during a court case, and Ontario offers free on-site mediation at family courts on court dates.

What if mediation fails?

The spouses can try another process, such as negotiation through lawyers or arbitration, or continue to court. Anything partially agreed in mediation can still narrow the issues.

Want help resolving a family matter? Search LawyerDirectoryCanada.ca for family lawyers by province and city, and see how much a divorce lawyer costs.

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