Four professionals engaged in discussion around a conference table, representing a mandatory mediation session in civil litigation

Mandatory Mediation in Ontario and BC: How It Works, What to Expect, and How to Prepare

Date: June 9, 2026

Mediation is one of the most effective tools available for resolving civil disputes without the cost, delay, and uncertainty of trial. In Ontario, mediation is not just encouraged: in Toronto, Ottawa, and Windsor it is mandatory for most civil cases before the matter can proceed to court. In British Columbia, while there is no equivalent province-wide mandatory program, mediation is actively encouraged by courts and required by many commercial contracts.

This article explains how mandatory mediation works in Ontario under Rule 24.1 of the Rules of Civil Procedure, how BC approaches mediation in civil litigation, how to prepare effectively, and what happens when mediation does not produce a resolution. For a broader overview of dispute resolution options, see our guide to alternative dispute resolution in Ontario and BC.

The short answer
In Ontario, mediation is mandatory before trial in Toronto, Ottawa, and Windsor under Rule 24.1 of the Rules of Civil Procedure. In BC, courts actively encourage mediation and can order it at any stage, but there is no province-wide mandatory program.

In both provinces, mediation is confidential, non-binding unless a settlement is signed, and frequently results in resolution without trial. Even where it does not produce a full settlement, it almost always narrows the issues and gives both sides a more realistic picture of their position.

Ontario mandatory mediation: how Rule 24.1 works

The Ontario Mandatory Mediation Program is set out in Rule 24.1 of the Rules of Civil Procedure and Ontario Regulation 451/98. It applies to most civil actions commenced in the Superior Court of Justice in Toronto, Ottawa, and Windsor. Cases excluded from mandatory mediation include bankruptcy proceedings, class actions (which have their own mediation requirements), and certain other specific proceeding types.

Under the program, the parties must attend mediation within 180 days of the filing of the first defence. The program operates as follows:

1

Selecting a mediator

Within 30 days of the filing of the first defence, the parties must agree on a mediator and a date for the mediation session. If they cannot agree, either party can request that the mediation coordinator appoint a mediator from the approved roster. Parties who want input into mediator selection should begin this process promptly rather than leaving it to the default appointment mechanism.

2

Serving the statement of issues

Under Rule 24.1.9, each party must serve a statement of issues on the other parties and the mediator at least seven days before the mediation session. The statement sets out the factual and legal issues in dispute and the party's position on each. A well-prepared statement of issues focuses the mediation on the most important matters and signals to the other side and the mediator that you are approaching the session seriously.

3

Attending the mediation session

The parties, with their lawyers, attend the mediation session. The mediator opens by explaining the process and ground rules, then typically conducts joint sessions where both sides present their positions, followed by private sessions where the mediator meets individually with each party to explore settlement options. The length of the session depends on the complexity of the dispute and how close the parties are to agreement.

4

Settlement or report of non-settlement

If the parties reach a settlement, they sign a written agreement at the session or shortly after. The agreement is a binding contract. If no settlement is reached, the mediator files a report with the court confirming that mediation was conducted. The case then proceeds to the next stage of litigation. Under Rule 24.1.14, everything said at mediation is confidential and cannot be used as evidence at trial.

Failing to attend mandatory mediation without a valid reason has procedural consequences in Ontario. The court can dismiss the action, strike the defence, or make a costs order against the non-complying party. If mediation is required in your case and you have not yet attended, get advice on your obligations immediately.

Ontario vs BC: how mediation requirements compare

Ontario

  • Mandatory in Toronto, Ottawa, and Windsor under Rule 24.1
  • Must occur within 180 days of first defence
  • Mediator selected by parties or appointed from approved roster
  • Statement of issues required 7 days before session
  • Confidential under Rule 24.1.14
  • Non-compliance can result in dismissal, struck defence, or costs
  • Applies to most Superior Court civil actions in those jurisdictions

British Columbia

  • No province-wide mandatory program equivalent to Rule 24.1
  • Courts actively encourage mediation and can order it at any stage
  • Many commercial contracts contain mandatory mediation clauses
  • BC Supreme Court case management promotes early resolution
  • Mediation confidential under common law and contract
  • Mediation coordinator services available through BC Mediator Roster
  • Most BC Supreme Court cases are mediated before trial in practice

The benefits of mediation in civil disputes

Confidentiality

Mediation is private. Unlike court proceedings, which are generally open to the public, mediation discussions cannot be disclosed or used as evidence in subsequent proceedings. This confidentiality allows parties to speak openly about their real interests and explore settlement options that they would not be willing to put on the public record.

Control over the outcome

In litigation, a judge decides the outcome. In mediation, the parties decide. A negotiated settlement can include terms that a court could not order, such as ongoing business arrangements, apologies, or non-monetary considerations that matter to one or both parties. Parties who control the outcome are also more likely to comply with it.

Cost and time savings

A civil trial in Ontario or BC can cost tens or hundreds of thousands of dollars and take years to reach. A mediation session typically costs a fraction of that and can be completed in a day. Even a partial settlement at mediation reduces the scope of what needs to be litigated and produces meaningful savings.

Narrowing the issues

Even where mediation does not produce a full settlement, it almost always narrows the issues in dispute. Both parties hear the other's position in detail for the first time, identify where there is genuine disagreement and where there is not, and leave with a more realistic assessment of their legal position. This clarity frequently leads to settlement in the weeks or months following mediation.

Preserving relationships

Where the parties have an ongoing business relationship, mediation's collaborative approach is significantly less damaging than adversarial litigation. Commercial landlords and tenants, business partners, and contracting parties who need to work together after the dispute is resolved are far better served by a negotiated outcome than by years of litigation.

Realistic case assessment

Experienced mediators often provide frank feedback about the strengths and weaknesses of each party's position in private sessions. This reality-testing function is one of the most valuable aspects of mediation for parties who have become invested in their own version of events and have not had an objective assessment of their litigation risk.

How to prepare for mediation

Preparation is the most important factor in whether mediation produces a settlement. Parties who attend without a clear understanding of their legal position, their best alternative to a negotiated agreement, and the range within which they are willing to settle rarely get the most out of the session.

  • Review all relevant documents before the session, including the pleadings, correspondence, contracts, and any expert or financial evidence already obtained
  • Understand your legal position honestly, including the weaknesses in your case and the risks of proceeding to trial
  • Know your settlement range before you arrive: the minimum you are prepared to accept or the maximum you are prepared to pay, and the terms that matter most to you beyond the monetary amount
  • Identify your best alternative to a negotiated agreement: if mediation fails, what happens next and what will it cost?
  • Prepare your statement of issues carefully in Ontario cases: a clear, well-organized statement signals seriousness and helps the mediator prepare
  • Ensure the right people attend: in commercial disputes, the person attending must have authority to settle, not just report back to a decision-maker who is not present

Your mediation date is approaching and you haven't prepared with your lawyer?

Attending mediation without proper preparation is one of the most common ways parties leave value on the table or make concessions they later regret. The preparation session with your lawyer is not optional.

Call: 1-800-771-7882 Get Prepared Before Your Mediation

When mediation fails and what comes next

Mediation does not always produce a settlement, and that is not a failure of the process. Where genuine legal disputes exist and the parties are far apart on value or liability, mediation serves its purpose even without a settlement by clarifying the issues and positions for what follows.

When mandatory mediation in Ontario does not produce a settlement, the mediator files a report with the court confirming attendance and the case proceeds to discoveries, pre-trial conference, and trial. Everything discussed at mediation remains confidential. Neither party can use positions taken or offers made at mediation as evidence at trial.

In BC, where mediation was ordered by the court or required by contract, the same principles apply: unsuccessful mediation does not affect the parties' legal positions and the matter proceeds to the next stage of litigation. For commercial disputes where mediation has failed and litigation is the only remaining option, see our guide to civil litigation at Achkar Law for what the court process looks like from here.

Approaching mandatory mediation and not sure how to get the most out of it?

The difference between a prepared and an unprepared party at mediation is often the difference between resolution and continued litigation. Get advice on your position and your settlement range before you attend.

Talk Through Your Options Before Mediation Or call us: 1-800-771-7882

Practical takeaways

In Ontario, mediation is mandatory before trial in Toronto, Ottawa, and Windsor under Rule 24.1 of the Rules of Civil Procedure. It must occur within 180 days of the first defence. Non-compliance has procedural consequences.
In BC, there is no province-wide mandatory mediation program, but courts actively encourage it and can order it. Many commercial contracts also require it. Most BC Supreme Court cases are mediated before trial in practice.
Mediation is confidential. Statements made and offers put forward at mediation cannot be used as evidence at trial in either province. This confidentiality is what makes frank settlement discussions possible.
The person attending mediation must have authority to settle. Sending someone who needs to report back to a decision-maker who is not present undermines the process and wastes everyone's time.
Even unsuccessful mediation almost always narrows the issues and produces a more realistic case assessment for both sides. It is rarely a wasted day, even when it does not produce a settlement.
Prepare your settlement range before attending. Know the minimum you will accept, the maximum you will pay, and the non-monetary terms that matter to you. Arriving without this clarity leaves you at a disadvantage.

Frequently asked questions

What is mandatory mediation in Ontario?

Mandatory mediation in Ontario is a requirement under Rule 24.1 of the Rules of Civil Procedure that parties in most civil cases in Toronto, Ottawa, and Windsor must attend mediation before proceeding to trial. The mediation must occur within 180 days of the filing of the first defence. The program is designed to encourage early settlement and reduce pressure on the court system.

Is mediation mandatory in BC civil litigation?

BC does not have a province-wide mandatory mediation program equivalent to Ontario's Rule 24.1. However, BC Supreme Court case management actively encourages mediation, judges can order it at any stage of proceedings, and many commercial contracts include mandatory mediation clauses. In practice, the majority of civil disputes proceeding through the BC Supreme Court are mediated before trial.

What happens if no settlement is reached at mandatory mediation?

If mandatory mediation in Ontario does not produce a settlement, the mediator files a report with the court confirming that mediation was conducted and the case proceeds to the next stage of litigation. Mediation discussions are confidential under Rule 24.1.14 and cannot be used as evidence at trial. The same principles apply in BC where mediation was ordered by the court or required by contract.

Can you choose your own mediator in Ontario mandatory mediation?

Yes. Under Rule 24.1, parties can agree on a mediator of their choice. If they cannot agree within 30 days of the filing of the first defence, either party can ask the mediation coordinator to appoint a mediator from the approved roster. Parties who want input into the selection should begin the agreement process promptly after the defence is filed.

Is what is said at mediation confidential?

Yes. Mediation proceedings in Ontario are confidential under Rule 24.1.14 of the Rules of Civil Procedure. Statements made and documents produced for the purpose of mediation cannot be disclosed or used as evidence in any proceeding. In BC, confidentiality is protected by contract and common law principles. This confidentiality is what allows parties to explore settlement options frankly without fear those positions will be used against them at trial.

What is a mediation brief or statement of issues?

Under Rule 24.1.9 of Ontario's Rules of Civil Procedure, each party must serve a statement of issues on the other parties and the mediator at least seven days before the session. It sets out the factual and legal issues in dispute and the party's position. A well-prepared statement focuses the session on what matters most and signals to the other side and mediator that the party is approaching settlement seriously.

Facing mandatory mediation or a commercial dispute in Ontario or BC? Tell us what's happening.

Whether you are preparing for mandatory mediation in Ontario, dealing with a commercial dispute in BC, or trying to understand your obligations under an ADR clause in your contract, Achkar Law can help you prepare effectively and approach the process with the right strategy. We advise businesses, organizations, and individuals across Ontario and British Columbia on civil and commercial litigation at every stage.

Call us at 1-800-771-7882 or fill out the form below and we will be in touch.