Mediation & Arbitration

Most disputes settle. Mediation and arbitration let you decide how, privately, and usually faster and for less than a trial.

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Choosing the process is one of the most important decisions in any dispute.

The Short Answer

What is the difference between mediation and arbitration?

In mediation, a neutral helps the parties reach their own agreement; nothing is binding until a settlement is signed. In arbitration, a neutral the parties choose decides the dispute, privately, and the award is binding with limited rights of appeal. Ontario’s Arbitration Act, 1991 governs domestic arbitrations. We act as your counsel in either.

CHOOSING A PROCESS

Mediation, Arbitration or Court?

Mediation suits disputes where the relationship matters, where the outcome needs to be flexible, or where both sides want to control the result. It is confidential and non-binding until the parties sign.

Arbitration suits disputes that need a final answer from someone with relevant experience, kept private, on a timetable the parties set.

Court remains the right forum where a legal right must be enforced against an unwilling party, where urgent orders are needed, or where a public ruling matters.

WHAT WE DO

Our Role as Your Counsel

Advise on which process fits, and on any arbitration or mediation clause that already applies.
Choose the neutral: help select a mediator or arbitrator with the right experience.
Prepare: briefs, documents, evidence and a realistic view of the range of outcomes.
Represent you in the session or hearing.
Finish it: a settlement that is enforceable, or enforcement of an award.

AREAS

Where We Use It

Commercial and contract disputes, workplace and employment, non-profit and charity disputes, family and estate matters. In Toronto, Ottawa and Windsor, most civil actions must also go to mandatory mediation before trial.

THE DAY ITSELF

What a Mediation Looks Like

Most mediations follow a similar pattern, whether in person or by video:

Before the day: each side sends the mediator a short brief setting out its position and the key documents.
Opening: the mediator explains the process and confidentiality. Some mediations begin with a joint session; many now go straight to separate rooms.
Caucus: the mediator moves between the parties, testing positions privately and carrying proposals back and forth.
Settlement: if terms are agreed, they are written up and signed before the parties leave, so the agreement does not unravel overnight.

Most mediations take half a day or a full day. Complex disputes sometimes need a second session.

CHOOSING A NEUTRAL

How to Choose a Mediator or Arbitrator

The neutral you choose shapes the outcome more than almost any other decision. Useful questions to ask:

Subject experience: has the person dealt with disputes like this one, whether commercial, workplace, non-profit, family or estate?
Style: does the mediator mainly facilitate, or will they give a view on the strengths and weaknesses of each side?
Training and designation: professional bodies such as the ADR Institute of Ontario grant designations to mediators and arbitrators who meet their training and experience requirements.
Independence: any prior connection to either party or their lawyers should be disclosed.
Practicalities: fees, availability and whether they work in person, online or both.

COSTS

What It Costs

Mediators and arbitrators charge for their time, and the parties usually share the fee equally unless they agree otherwise. Each side pays its own lawyer for preparation and attendance. Measured against the cost of taking a dispute to trial, mediation is usually much less expensive, and even an unsuccessful mediation often narrows the issues enough to shorten what follows.

SETTLEMENT

Making a Settlement Stick

A settlement reached at mediation is a contract. It should be written down and signed before the parties leave, even if a longer formal agreement follows. The terms should cover everything the parties need: the amount and timing of any payment, what each side will do or stop doing, confidentiality, releases, and what happens if a party does not comply.

Where a lawsuit has been started, the settlement should also say how it will be ended, usually by a dismissal on consent. A settlement that leaves these points open often produces a second dispute about what was agreed.

AN EXAMPLE

A Supplier Dispute Settled in a Day

A manufacturer and its packaging supplier disagree about a batch of defective product and unpaid invoices. Their contract requires mediation before court. Each side exchanges a short brief and its key documents.

At a one-day mediation by video, the mediator helps both see the weaknesses in their positions. They agree on a reduced payment, a credit on future orders and a revised quality-control process. The terms are signed that afternoon, and the business relationship continues.

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

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

Is mediation binding?

Not until the parties sign a settlement. The signed settlement is a binding agreement.

Can an arbitration award be appealed?

Appeal rights are limited and depend largely on the arbitration agreement. Ask before you agree to arbitrate.

Is arbitration faster than court?

Often, because the parties set the timetable and choose the arbitrator, though complex arbitrations can take time.

Do you act as mediators?

We act as counsel for a party in mediation and arbitration, and help choose an independent mediator or arbitrator.

Can mediation be done online?

Yes. Video mediation is now common and works well for many disputes, including those with parties in different cities.

Do I need a lawyer at mediation?

It is not required, but a lawyer helps you prepare, assess offers and make sure any settlement is complete and enforceable.

What if the other side refuses to mediate?

Mediation is voluntary unless a contract, by-law or court rule requires it. A refusal can still affect costs later in some proceedings.

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Mediation & Arbitration Lawyers Toronto: Start My Enquiry

Our lawyers offer an initial consultation for most matters. Call, email, or book online. Do not sign anything before speaking with us.

Lexaltico LLP

Downtown Toronto

55 University Ave, Suite 1100
Toronto, ON M5J 2H7

North York

2 Sheppard Ave East, Suite 303, Toronto, ON M2N 5Y7

Phone

+1 416 333 6200

Hours

Monday to Friday: 9:00 AM to 5:00 PM
Evenings & weekends by appointment

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Related Pages & Guides

Commercial Arbitration Mandatory Mediation (Rule 24.1)Workplace & Employment Mediation Med-Arb Family Mediation Family Arbitration

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