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

Parties involved in active Ontario family court proceedings who want to resolve matters without trial

Families who have been ordered by a judge or case conference officer to attempt mediation

Parties whose legal counsel has advised them to explore mediation before proceeding to trial

Individuals who have received a Notice to Attend mediation through the court system

Parties preparing for a case conference or settlement conference who want to narrow the issues

Families with pending motions who want to explore whether a negotiated resolution is possible

Parties who have partially resolved their matter in court and need to address remaining issues

Families where one party has commenced proceedings but both are open to resolving outside of trial

Benefits of This Approach

Recognized by Ontario Courts

Elizabeth’s accreditation meets Ontario court-connected mediation standards. Agreements reached in mediation can be filed with the court as consent orders.

Reduces Legal Costs Dramatically

Family trial preparation is extraordinarily expensive. Resolving matters through mediation – even partway through proceedings – saves significant legal fees.

Faster Resolution

Trial dates in Ontario family courts are routinely scheduled 18–36 months out. Mediation can resolve the same issues in a fraction of the time.

Preserves Party Autonomy

A judge imposes a decision; a mediator helps parties craft their own. Consent-based agreements are more durable and better tailored to family circumstances.

Works Alongside Legal Counsel

Mediation and legal representation are not mutually exclusive. Lawyers can attend sessions, review agreements, and formalize any resolution reached.

Confidential

Subject to limited exceptions, what is said in mediation cannot be used in court. Parties can speak candidly without fear that their words will be used against them.

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