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Official Ontario information describing family mediation as an out-of-court dispute-resolution process and explaining when it can be used during separation, divorce, or a court case.
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 ↗Law and rulesRelated official provisions
Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings
Rule 43 — allows parties to choose a Binding Judicial Dispute Resolution (JDR) as a summary process to resolve a family dispute instead of a trial. Through Binding JDR, parties ask the same judge to assist in settling their issues on consent and to make final orders about unresolved issues in a single hearing. Prior to the Binding JDR proceeding, the parties must sign a request and consent form and obtain the approval of the court.
A Binding JDR hearing includes both settlement and adjudication. The judge conducting the Binding JDR hearing will explore possibilities for resolution with the parties. As in any court proceeding, the judge conducting the Binding JDR hearing has an oversight role and must approve any terms of settlement.
For issues that cannot be resolved on consent, the judge will hear submissions from the parties about the orders they seek. The judge may ask the parties questions and request additional information, if necessary, to reach an informed and fair decision. The parties do not have an automatic right to call or cross-examine witnesses at a Binding JDR hearing.
At the conclusion of the Binding JDR hearing, the judge will provide a final order on the issues, including those that have been resolved on consent.
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
Open official source ↗Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings
Rule 17 — (7.1) allows parties to make this request after they have tried to resolve the issues that are in dispute through mediation or a Legal Aid Ontario settlement conference, provided the parties confirm:
The dispute resolution process included a screening for power imbalances and domestic violence;
No motions for a temporary order in the case are pending or are contemplated; and
Financial disclosure has been provided.
Counsel or parties make this request by filing a Form 14B: Motion and a Form 17G: Certificate of Dispute Resolution from each party addressing the above requirements.
If the court grants permission, the parties are expected to comply with all requirements relating to a settlement conference, including filing a Form 17C: Settlement Conference Brief and any additional documentation (for example, a Net Family Property Statement, Comparative Net Family Statement, litigation expert reports or Offers to Settle).…
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
Open official source ↗Binding law / official textFamily Law Rules
Rule 43 — BINDING JUDICIAL DISPUTE RESOLUTION IN THE SUPERIOR COURT OF JUSTICE
43. Binding judicial dispute resolution
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Government of OntarioO. Reg. 114/99
Open official source ↗Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings
Part J — : Binding Judicial Dispute Resolution (Rule 43)
On January 22, 2025, the Family Law Rules were amended to add Rule 43: Binding Judicial Dispute Resolution in the Superior Court of Justice. Rule 43 replaces the Practice Advisory Concerning the Superior Court of Justice’s Binding Judicial Dispute Resolution Pilot Project (introduced on May 14, 2021) which is no longer in effect.
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
Open official source ↗Binding law / official textCentral West Region Practice Direction
Part 4 — – FAMILY PROCEEDINGS A. Mediation and other Court-Connected Resources
B. Automatic Orders
C. Motions to Change
D. Early Case Conferences – Milton Only
E. Dispute Resolution Officer (DRO) Program
F. Case Conferences Scheduling & Filing
APPLICABLE TO ALL CENTRAL WEST CASE CONFERENCES Case Conference Briefs (Max. 8 pages)
Requirement to Confer and Make Disclosure PRIOR to Case Conference
Confirmation Form
Proceed to a Settlement Conference
G. Settlement Conferences (Max. 12 pages) Scheduling Settlement Conferences
Directions for Settlement Conferences
H. Trial Management Conferences (TMC) FAMILY ASSIGNMENT COURT AND A TMC IN BRAMPTON
Ontario Superior Court of JusticeSuperior Court of Justice — Central West
Open official source ↗Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings
Rule 1.3 — of the Family Law Rules requires a member of the public to give 10 days’ written notice to the parties before the member of the public may access a family court file involving:
Decision-making responsibility, parenting time or contact with respect to a child under the Divorce Act or Part III of the Children’s Law Reform Act ;
Orders under Part I of the Children’s Law Reform Act (parentage); or
International child abduction.
The member of the public must also send notice to the Children’s Lawyer if the Children’s Lawyer is representing a child in the case or conducting an investigation for the court.
After receiving notice, a party who wishes to restrict access to the file has 10 days to file a 14B motion. If such a motion is brought, court staff may refuse the requested access until the court decides the motion.
Before the member of the public is granted access to the file, they must file an affidavit (Form 14A) confirming 1) the date on which they gave notice under Rule 1.3, to whom and by what method; and 2) that they have not been served with a motion for a restricted access order.
The following persons are exempt from the notice requirement under Family Court Rule 1.3:
A party or their counsel;…
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
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