Making civil mediation useful in Ontario

Mediation can help parties resolve a civil dispute through negotiation with a neutral mediator. Whether mediation is required and which procedure applies depends on the proceeding. A Superior Court mandatory mediation rule should not be assumed to govern every Small Claims Court case.

Prepare a concise explanation of the dispute, a supported damages calculation, and realistic priorities. Consider payment timing, non-monetary terms, and what must happen to existing proceedings if an agreement is reached. Decide who has authority to settle and how a proposed release would affect other claims. Participation does not guarantee settlement. If terms are accepted, record them clearly, including any conditions and completion steps, so the parties do not leave with different understandings of the agreement.

Prepare a concise position statement that identifies the key facts, legal issues, and supported loss. Include the documents most likely to help the other side understand the dispute. Think about what matters to each party beyond the amount, such as timing, certainty, future dealings, or return of property. Compare settlement options with realistic litigation and collection outcomes rather than treating the original demand as the only possible measure of success. Know who can approve a proposal and when further instructions would be needed.

If terms are agreed, make them specific enough to perform. Identify the payment recipient, dates, release scope, treatment of interest and costs, and steps required to conclude existing proceedings. Discuss what happens if a condition is not met. Confidentiality and other continuing obligations should be understood before acceptance. If mediation does not resolve the case, confirm the next procedural dates and continue preparing. The negotiation may still narrow issues or clarify missing evidence, but it does not automatically replace court directions or eliminate outstanding filing and service obligations.

Sources

• Ontario mandatory mediation for civil cases
• Ontario guide to getting ready for court

Read next: A tribunal review is different from a court appeal

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 15 October 2026: check the current law, forms and dates before you act.

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This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.