Legal insight and perspective from the Steinbergs Team
Published: February 9, 2026
Category: Business Law
The mediator does not make decisions or take sides— but simply helps both parties communicate and explore possible resolutions in a private, informal setting.
People often find mediation helpful because it creates space for open, honest conversation without the pressure of a courtroom. It usually happens early in a lawsuit, which can save considerable time and legal expense. Mediation also allows parties to work toward solutions that fit their specific needs, rather than relying on a court-ordered outcome. When the people involved have ongoing relationships—business, professional, or personal—the collaborative nature of mediation can reduce conflict and preserve those connections. Even when the case does not fully settle, mediation often helps narrow the issues, which can make any future court process simpler and faster.
However, mediation is not perfect. Because it is a voluntary, non-binding process, there is no guarantee that the parties will reach an agreement. If one party is unwilling to compromise or participate in good faith, mediation can delay rather than resolve the dispute. Power imbalances can also play a role—one side may feel pressured into accepting terms with which they are not fully comfortable. These limits do not negate mediation’s usefulness, but they are important for litigants to understand when engaging in the process.
In an important development for litigants, Ontario is now preparing for major reforms to the Rules of Civil Procedure (the rules governing court process) that will significantly expand the use of mediation. Under the proposed new system—expected to begin rolling out in 2026—mediation will be mandatory for most civil court actions throughout the province.
Further reform materials confirm that mandatory mediation is expected to become a built-in feature of the updated litigation model, working alongside earlier information exchange and more structured timelines to help resolve cases sooner.
In short, mediation will soon become a routine part of almost every civil lawsuit in Ontario. For many people, this is a positive development: it encourages faster, more cost-effective resolutions and gives individuals more control over the outcome of their case. As the new rules take effect, parties can expect mediation to happen earlier and to play a central role in resolving disputes before they ever reach a courtroom.
If you are engaged in a civil dispute or anticipate becoming involved in one, Steinbergs LLP’s experienced litigation team is equipped to guide you through mediation and help maximize its benefits. Further, our own in-house mediators are skilled at assisting parties in identifying effective solutions to resolve disputes and achieving comprehensive settlements.
David Brooker's practice focuses on civil litigation; will and estate disputes; mortgage enforcement and defence, and other disputes relating to real estate; insolvency and bankruptcy; and mediation services in the areas of his practice.
