Family law

Mediation vs. litigation: what the difference really costs

In litigation, a judge who will meet your family for an hour decides what happens to your children and your money, on a timeline that is frequently measured in years, on a public court file, using onl

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In litigation, a judge who will meet your family for an hour decides what happens to your children and your money, on a timeline that is frequently measured in years, on a public court file, using only the remedies a court has the power to order.

In mediation, the two of you decide, privately, usually inside a few months, and you can agree to arrangements no judge could impose — a phased sale of the house, a schedule built around shift work, a support structure that flexes with a seasonal income.

Mediation is not a way to avoid getting advice. The standard practice is that the mediated terms are written up as a memorandum, each party takes it to their own lawyer for independent legal advice, and only then is it signed as a binding separation agreement. That step is what makes it stick.

General information about Ontario law, not legal advice, and rules change. Nothing here creates a solicitor–client or paralegal–client relationship. For advice on your own situation, get in touch.

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