Mandatory Mediation (Rule 24.1)

In Toronto, Ottawa and Windsor, most civil lawsuits must go to mediation before they can reach trial. Preparation decides whether it settles the case.

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Rule 24.1Rule 75.1TorontoOttawaWindsor

A mandatory mediation is the first real chance to settle a lawsuit. Treat it that way.

The Short Answer

When is mediation mandatory in Ontario?

Under Rule 24.1 of the Rules of Civil Procedure, most civil actions in the Superior Court in Toronto, Ottawa and Essex County (Windsor) must be mediated, generally within 180 days after the first defence is filed unless the court orders otherwise. Under Rule 75.1, contested estate, trust and substitute-decision matters are referred to mandatory mediation. Family cases are excluded.

THE TIMETABLE

How It Works

After the first defence, the parties choose a mediator and a date. If they cannot agree, a mediator can be assigned from the court-connected roster. The session usually takes half a day or a day, and each party attends with its lawyer and someone with authority to settle.

PREPARATION

Getting Ready

A mediation brief that sets out your case, the documents and your realistic outcomes.
Costs so far and to trial, so settlement is measured against the real alternative.
Authority to settle in the room or on the phone.
Terms beyond money: timing, confidentiality, references, releases.

AFTERWARDS

If It Does Not Settle

Many cases settle at or shortly after mediation. If yours does not, the session still narrows the issues and shows you the other side’s case, which shapes everything that follows.

THE MEDIATOR

Roster or Private Mediator?

Parties can agree on any mediator, whether or not they are on the court-connected roster. If they cannot agree within the time allowed, a mediator is assigned from the roster for that area. Roster mediators’ fees for the mandatory session are set by regulation, while privately chosen mediators set their own rates.

Choosing your own mediator takes a little more coordination but lets you pick someone with experience in the type of dispute, which can make the session more productive.

ESTATES

Estate Mediation Under Rule 75.1

Contested estate, trust and substitute-decision matters in Toronto, Ottawa and Essex County are referred to mandatory mediation under Rule 75.1. These mediations often involve several family members, the estate trustee and sometimes a charity or the Public Guardian and Trustee, and the court can give directions about who must attend and how the cost is shared. See our estate mediation page.

THE BRIEF

Writing a Mediation Brief That Works

A good brief is short, candid and focused on what it will take to settle. It sets out the essential facts, the key documents, the legal issues, the realistic range of outcomes at trial, and any offers already made. Sending it to the mediator a few days before the session gives them time to understand the case and plan the day.

A brief written only to argue the case, as if for a judge, is less useful. The mediator already knows each side thinks it is right.

COSTS

Costs, and Offers That Carry Weight

The parties usually share the mediator’s fee, and each pays its own lawyer for preparing and attending. Those costs are modest compared with the cost of discoveries, motions and trial, which is why settling at mediation is often the most economical outcome even when the result is not everything a party wanted.

If mediation does not settle the case, a formal written offer to settle under Rule 49 of the Rules of Civil Procedure can still shift the costs of the rest of the lawsuit. A party that refuses a reasonable offer and then does no better at trial may have to pay more of the other side’s costs. Making the right offer after mediation is often what finally brings a case to an end.

ATTENDANCE

Who Must Attend

Each party must attend, with its lawyer if it has one. Where a party is a corporation, the person who attends should have authority to settle, or be able to reach someone who does during the session. Where an insurer is defending the claim, its representative usually attends too.

Parties are expected to come prepared to discuss settlement in good faith. The rules require attendance and preparation, not settlement.

AN EXAMPLE

A Contract Claim in Toronto

A contractor sues a homeowner in Toronto for unpaid renovation work, and the homeowner counterclaims for defects. After the defence is filed, the lawyers agree on a mediator experienced in construction disputes rather than waiting for one to be assigned.

Each side sends a brief with photographs, invoices and an estimate of the cost of repairs. At mediation, the parties agree a reduced payment and a list of repairs the contractor will complete by a fixed date. The action is dismissed on consent once the work is done.

An illustration only. The organisation, people and details are invented, and every real dispute turns on its own documents and facts.

WORKING WITH US

How an Engagement Works

We start with a conflict check, then an initial consultation to understand the dispute, any agreement or clause that governs it, and the deadlines that apply.

Scope and fees are agreed in writing before work starts. Preparing for and attending a single mediation is often a defined piece of work, which makes the cost predictable. Arbitration and litigation are harder to predict, and we explain the likely stages and costs at the outset.

We meet clients at our Toronto, North York, Mississauga and Oakville offices or by video, and many mediations and arbitrations now run online. The firm works in 13 languages.

Sources

Where This Comes From

Rules of Civil Procedure (Rules 24.1 and 75.1)

Last updated September 2026. Published by Lexaltico LLP, Toronto.

General information

This page is general information about Ontario and Canadian law published by Lexaltico LLP. It is not legal advice, it does not account for the facts of any particular situation, and reading it does not create a solicitor-client relationship. Rules change, and whether any option is available to you depends on your own circumstances.

Mediation and arbitration

Common Questions

Frequently Asked Questions

Does mandatory mediation apply outside Toronto, Ottawa and Windsor?

Not under Rule 24.1, though parties elsewhere often mediate voluntarily.

Do I have to settle at mediation?

No. Attendance is required; settlement is voluntary.

What if the other side does not attend?

The mediator reports non-attendance and the court can make orders, including costs.

Is what we say at mediation confidential?

Mediation discussions are generally without prejudice and confidential.

Can the mandatory mediation deadline be extended?

Yes, by consent of the parties in some circumstances or by court order. Ask early rather than letting the deadline pass.

Can I attend mandatory mediation by video?

Commonly yes, if the mediator and parties agree.

What should I bring to mediation?

Your key documents, a clear view of your costs so far and to trial, and authority to settle.

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Mandatory Mediation Ontario (Rule 24.1): Start My Enquiry

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Related Pages & Guides

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