Is Mediation Possible During a Contested Divorce?
Family law in Ontario actively promotes dispute resolution at every stage of litigation. Courts expect parties to explore settlement options, including mediation, before allowing matters to proceed toward trial.
Mediation during a contested divorce is not about forcing compromise. It is a structured legal process that allows parties to resolve some or all issues while litigation continues in the background.
When used strategically, mediation can reduce court time and offer you more control over the outcomes.
What Makes a Divorce “Contested”?
A divorce is considered contested when spouses cannot agree on one or more legal issues arising from the breakdown of their relationship. Common areas of dispute include parenting arrangements, child support, spousal support, and the division of property. In many cases, only one or two issues remain unresolved.
What Is Family Law Mediation?
Family law mediation is a voluntary dispute resolution process where separating spouses work with a neutral, accredited mediator to resolve legal issues outside court. The mediator does not make decisions or provide legal advice, but remains a neutral party to help you reach mutually acceptable solutions.
Can Mediation Occur During a Contested Divorce?
Yes. Mediation may occur before any court documents are filed, after a divorce application is underway, or while specific issues remain before the court. Parties may choose to mediate all outstanding issues or limit mediation to discrete disputes such as parenting arrangements, spousal support, or property division.
Depending on the route you take, here’s what you can expect:
| Court Connected Mediation | Private Mediation |
| Offered through Ontario family courts | Arranged independently by the parties |
| Often introduced after the Mandatory Information Program | Available at any stage of separation or divorce |
| Typically limited in time and scope | Allows multiple sessions and broader issue coverage |
| Best suited for focused disputes | Suitable for complex financial or parenting matters |
| Lower cost or subsidized in some courts | Higher cost but greater flexibility |
When May Divorce Mediation Be Inappropriate?
Courts and mediators assess whether the process can operate fairly and safely before it proceeds. Here are some situations where a court may not allow mediation:
- Family violence or abuse – Where there is a history of physical, emotional, or psychological abuse, mediation may place one party at risk or undermine voluntary participation.
- Coercive control or intimidation – If one spouse dominates or controls the process, meaningful negotiation is unlikely.
- Severe power imbalance – Inclusive of significant differences in knowledge, financial control, or emotional capacity.
- Refusal to provide financial disclosure – A party who withholds income or asset information compromises the process.
- Lack of good faith participation – When one party participates solely to delay proceedings or avoid court obligations.
Does Mediation Stop the Court Process?
No, mediation does not automatically pause or replace court proceedings Litigation continues unless the parties take formal steps to alter the court timeline.
Here’s what you need to know:
- Settled issues may be documented in minutes of settlement
- Remaining issues proceed through the court process
- Courts often narrow hearings to focus only on unresolved matters
What is the Legal Status of Mediation Outcomes?
Mediation itself does not create a legally binding result. Even when parties reach consensus on all issues during mediation, the mediator captures the conclusion in a memorandum of understanding.
Then, each party is required to hire individual legal counsel to review the terms and conditions.
To become legally binding, mediated terms must be converted into one of the following:
- Minutes of settlement, if litigation is already underway
- A formal separation agreement, drafted in compliance with the Family Law Act
A separation agreement must be in writing, signed by both parties, and witnessed to be valid. Once finalized, support provisions may be enforced through the Family Responsibility Office, but only after the agreement is filed with the court.
Filing is completed using Form 26B Affidavit for Filing Domestic Contract. It does not turn the agreement into a court order, but it allows support obligations to be enforced administratively.
GTA Legal Counsel for Divorce Meditation
At Noori Law, we help clients prepare for mediation, understand their legal position, and evaluate proposed terms. Our role is to protect your rights while supporting productive resolution that aligns with Ontario family law.
Schedule a call with Noori Law today.
