Court-Related Mediation
What Is Court-Related Mediation?
Court-related mediation refers to mediation that occurs in connection with existing or anticipated family court proceedings. It may be ordered by the court, recommended by legal counsel, or chosen voluntarily by the parties as an alternative to continuing litigation.
In Ontario, the family court system strongly encourages alternative dispute resolution. Rule 2 of the Family Law Rules requires parties to consider and, where appropriate, use dispute resolution processes before or during litigation. Mediators like Elizabeth Evans play a formally recognized role in helping families resolve matters that would otherwise be determined by a judge.
Elizabeth Evans is an Accredited Family Law Mediator – a designation that meets the qualification requirements for mediators in Ontario’s court-connected and private mediation contexts. She is trained in the full range of family law issues including property division, spousal support, parenting time, decision-making responsibility, and child support.
Court-related mediation at TMHC can occur at any stage of litigation: before a court application is filed, after proceedings have commenced but before trial, in response to a court order to mediate, or as a form of case conference preparation. Elizabeth works collaboratively with parties and their counsel to achieve resolution efficiently and with integrity.
Who This Service Is For
Benefits of This Approach
The Mediation Process
1
Referral & Intake
Mediation may begin through self-referral, referral by legal counsel, or a court order. Elizabeth conducts individual intake sessions with each party to confirm appropriateness and prepare for joint sessions.
2
Review of Court Materials
Where parties provide relevant court documents (applications, affidavits, court orders), Elizabeth reviews these to understand the scope of the dispute and the legal issues involved.
3
Structured Negotiation Sessions
Elizabeth facilitates focused, issue-by-issue negotiation. Sessions may include counsel or occur with parties only, depending on the circumstances and the parties’ preferences.
4
Narrowing Issues
Even where full resolution is not reached, mediation often significantly narrows the issues in dispute, reducing the scope and cost of any remaining court proceedings.
5
Memorandum of Understanding
When agreement is reached, Elizabeth prepares an MOU. Legal counsel for both parties then draft a formal consent order or separation agreement for court filing or execution.
6
Confirmation to Court
Where mediation was court-ordered, Elizabeth provides the court with a confirmation that mediation occurred and whether agreement was reached, without disclosing the content of discussions.
Ready to Take the Next Step?
If you or your lawyer are involved in Ontario family court proceedings and want to explore whether mediation can help resolve your matter sooner, at lower cost, and with greater control – contact TMHC Mediation. Elizabeth Evans is ready to assist.
Elizabeth Evans – Accredited FM, CP Med, RSW · Serving Ontario, Canada