Family mediation and arbitration are private dispute resolution processes recognized under Ontario law that allow separating families to resolve issues respectfully, efficiently, and without going to court.
These processes can reduce conflict, delay, and cost while supporting fair, legally enforceable outcomes.
What Is Family Mediation?
Family mediation is a voluntary and confidential process in which a neutral professional helps separating spouses resolve family law issues through guided discussion and structured problem-solving.
The mediator does not take sides or make decisions. Instead, the mediator helps identify issues, support communication, and assist the spouses in working toward practical, forward-looking agreements.
Mediation may address parenting arrangements, support, property division, and changes to existing agreements. Outcomes are typically reviewed with independent legal advice before being formalized.
What Is Family Arbitration?
Family arbitration is a private legal process in which a neutral arbitrator makes a binding decision on unresolved issues.
A major advantage of arbitration is that the spouses choose their own decision-maker rather than being assigned a judge through the court system. This allows families to select someone with appropriate expertise, availability, and temperament for their case.
Arbitration is often used when negotiation or mediation has narrowed the issues but final decisions are still needed. Arbitration decisions are enforceable in the same manner as court orders, subject to Ontario’s family arbitration requirements.
Mediation-Arbitration
Mediation-arbitration, or med-arb, begins as mediation and transitions to arbitration only if necessary.
This allows families to make a genuine effort to reach agreement while ensuring that unresolved issues can still be decided efficiently and privately.
Benefits
• Private and confidential
• Faster than many court processes
• Ability to choose your decision-maker
• Reduced emotional and financial strain
• Flexible procedures tailored to your family
• Child-focused outcomes
• Legally enforceable results
Suitability & Safeguards
Mediation and arbitration are not appropriate in every situation. Ontario law requires screening for family violence, power imbalance, and capacity to participate meaningfully.
Independent legal advice is strongly encouraged throughout the process.
Benefits
Mediation and arbitration allow families to resolve disputes with dignity, clarity, and greater control — without the uncertainty of court.
At Laurel Family Law, Zahra Taseer offers mediation and arbitration services and Lorna Yates offers arbitration services. Contact our office to get more information.
