Out-of-court family dispute resolution
Justice Canada
Family mediation
Mediation is a voluntary dispute-resolution process in which a neutral mediator helps the parties try to reach their own agreement.
In family mediation, a neutral mediator helps the parties identify issues, exchange information and explore possible agreements. The mediator does not decide the case and does not act as either party’s lawyer. Mediation can address parenting, support, property and other family issues when the process is appropriate.
Mediation is not suitable in every situation. Screening for family violence, coercion and power imbalance is an important part of family dispute resolution. Even when mediation produces a proposed settlement, each party may need independent legal advice and the agreement should be properly documented before relying on it as a final resolution.
What this source covers
Justice Canada describes family dispute-resolution processes that can be used outside court where appropriate.
For exact wording, dates, exceptions and current requirements, read the original source. Binding law and court directions take priority over explanatory material.
Open the official source ↗Related rules, forms and explanations
Family Law Act
Official Ontario statute addressing family property and equalization, support, domestic contracts and related family-law matters.
Family Law Rules — Rule 17: Conferences
Official Family Law Rules provisions governing case conferences, settlement conferences and trial management conferences, including briefs and confirmations.
Family Law Rules — Rule 18: Offers to settle
Official Family Law Rules provisions governing offers to settle in family cases.
Binding Judicial Dispute Resolution in Superior Court
The Superior Court guide explains Binding JDR, the consent/approval process, and Forms 43, 43A, 43B and 43C used for the process.
Key points
Binding JDR is an alternative to a trial in the Superior Court
Rule 43 allows parties, with the court’s approval, to use a summary process in which the same judge helps with settlement and makes final orders on unresolved issues in one hearing.
The process requires consent and specific forms
The parties must request and consent to Binding JDR and obtain court approval. Forms 43, 43A, 43B and 43C are used for the request, OCL involvement where applicable, evidence and confirmation.
Central South Region — Superior Court practice direction
The Central South regional practice direction contains local Superior Court procedures and family-court scheduling, filing or hearing requirements that apply in that region in addition to province-wide directions.
Child, Youth and Family Services Act family court documents
Ontario Court Services provides an official family-related collection for child, youth and family services act family court documents.
Consent to Payment Out of Court
Official Ontario family-law form or related court document: Consent to Payment Out of Court. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this family-law document as “Consent to Payment Out of Court”.
Current official version
The current English version is version dated 2018-08-31 and effective 2018-08-31.
How to use this form
Read the form together with the current Family Law Rules and any applicable court orders, notices and practice directions. The governing rule determines when the form is required and how it is used.
Dispute Resolution Officer conferences
The Superior Court guide explains that DROs conduct certain conferences at participating Superior Court locations and help identify, narrow or resolve issues.
Key points
A DRO is a Dispute Resolution Officer
The Superior Court uses DROs at participating locations to conduct certain family conferences. Rule 17 applies to DRO case conferences.
DRO conferences can narrow or resolve issues
The process is intended to identify issues, encourage settlement and help determine next steps. The documents required for the conference still have to be prepared and filed.
Family law conferences in Superior Court
The Superior Court guide explains case, settlement and trial-management conferences, preparation, materials, page limits and what may happen at the conference.
Key points
Rule 17 governs the main family conferences
The Superior Court guide identifies three main conference types under Rule 17: case conferences, settlement conferences and trial management conferences.
Conferences focus the case and encourage resolution
A judge or Dispute Resolution Officer can discuss what is agreed, what remains disputed, whether issues can be resolved and how the case should move forward.
Conference materials have court-imposed format and length requirements
The Superior Court practice direction contains requirements for conference materials, including font, spacing, page limits and permitted attachments. Regional directions may add local requirements.
First Appearance Court in Superior Court family cases
The Superior Court guide explains when a first appearance occurs, what the clerk reviews and how a case may move toward a conference.
Key points
A first appearance is an early procedural court date in cases where it applies
The Superior Court guide explains that the court clerk reviews the file and helps move the case toward the next required step.
The next step is often a conference
When the required documents are in place, the case will normally move toward a case conference before a judge or, at participating locations, a Dispute Resolution Officer.