Are the terms of a mediation in Ontario binding on the parties?
The terms of an agreement established during a mediation in Ontario are not binding until they have been incorporated into a written separation agreement or minutes of settlement, that have been signed by both parties and witnessed.
It is highly recommended that both parties obtain independent legal advice with respect to any resolution arrived at in a mediation in Ontario before finalizing any agreement or minutes of settlement. This is to ensure that the agreement or minutes of settlement are strong and less susceptible to attack. Independent legal advice is also important because it ensures that both parties fully understand their rights and obligations, as well as the effect the proposed agreement will have on their circumstances.
The terms resulting from a mediation in Ontario can also be incorporated into a binding court order.
Mediation in Ontario is a voluntary process. Both parties must agree to participate and neither party can force the other to engage in mediation in Ontario.
Mediation in Ontario can be commenced at any time (prior to the commencement of a Court Application and during the court process).
Mediation in Ontario is only appropriate in certain circumstances. In a situation, for instance, where there has been a historical imbalance of power between the parties, mediation in Ontario may not be in the interests of the less dominant party. Based on your specific circumstances, you and your family lawyer ought to determine whether pursuing mediation in Ontario is a reasonable strategy in your matter.
Mediation in Ontario usually takes place before a senior family law lawyer. While mediation in Ontario can often resolve a matter faster than the court process, there are additional costs of hiring a mediator which must be taken into account. The costs will vary depending on the mediator chosen. That being said, if a matter is resolved via mediation in Ontario, it is highly likely that this process will ultimately be less costly than the legal fees one would incur if their matter proceeded through the Courts. This however, can be a double-edged sword, as the mediator cannot force parties to resolve the matter and cannot make orders. Accordingly, the parties may pay the costs of a mediation and, if they cannot ultimately resolve the dispute with the assistance of the mediator, they may still need to resort to the court process.
The solicitors at Krol & Krol have experience with mediation in Ontario, as well as separation agreements, minutes of settlement, and in obtaining court orders. For a consultation with one of our solicitors with respect to a mediation in Ontario, call 905.707.3370 today.
