If you’re going through a separation or divorce in Ontario, mediation is a smart alternative to going to court. But not all mediators are the same — and one key difference is whether your mediator is also a trained family lawyer.
So, what’s the benefit of choosing a family law mediator who is also a lawyer, compared to one who isn’t?
1. They Understand the Law — Inside and Out
A family lawyer mediator is trained in Ontario’s family law system. This means they know your legal rights and responsibilities and can help ensure the agreement you reach is fair and legally sound. While they don’t give legal advice to either party during mediation, they can identify legal issues early and help keep discussions grounded in what the law realistically allows.
In contrast, a non-lawyer mediator may not fully understand complex legal issues or even be aware they are present in a matter — which can lead to agreements that are incomplete, unbalanced, or even unenforceable.
2. They Help You Avoid Costly Mistakes
Family law touches many important areas: property division, support payments, parenting time, and more. A lawyer mediator understands how each of these works under Ontario law and can help you avoid pitfalls that might lead to future legal battles.
For example, dividing a pension or dealing with the family home requires careful legal handling. A non-lawyer mediator might not spot these issues — but a lawyer-mediator will.
3. They’re Trained to Manage Both Conflict and Complexity
While both lawyer and non-lawyer mediators receive conflict resolution training, lawyer-mediators bring an additional layer of expertise. They can balance emotional issues with the legal framework, helping both parties stay on track toward a workable agreement.
4. They Know What a Court Would Consider Reasonable
Even if you settle through mediation, your agreement may still need to be reviewed by a court (especially if children are involved). A lawyer mediator understands what judges in Ontario typically look for and can guide you toward solutions that are likely to be approved — avoiding delays or rejected agreements.
5. They Can Work Alongside Your Lawyer or Help You Prepare for Independent Legal Advice
Lawyer-mediators know how to work alongside your individual lawyer if needed and understand the importance of independent legal advice. They can also help prepare your documents and guide you toward a legally binding separation agreement.
Final Thoughts
Mediation is an excellent tool for resolving family issues without going to court — but choosing the right mediator matters. A trained family lawyer who also acts as a mediator brings the legal knowledge and practical skills needed to help you reach a fair, lasting, and legally appropriate agreement.
In Ontario, your family deserves the peace of mind that comes from getting it right the first time. Choosing a family law mediator who is also a lawyer can help you move forward with confidence.
If you have more questions about Family Law Mediation, consider reaching out to Adina Schild at Hummingbird Lawyers or complete the form below.
