New Frameworks in 2025: Family Mediation & ADR in Ontario
                     New Frameworks in 2025: Family Mediation & 
ADR in Ontario
Contents
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How Family Law Mediation Supports Peaceful Separation....................... Error! Bookmark not defined. 
What a Family Mediator Does (Neutral Guidance, Not Legal Advice) ... Error! Bookmark not defined. 
Common Issues Addressed in Family Law Mediation ........................... Error! Bookmark not defined. 
Benefits of Family Law Mediation: Faster, Less Costly, Less Conflict .... Error! Bookmark not defined. 
Steps to Prepare for an Amicable Separation ........................................... Error! Bookmark not defined. 
Open and Honest Communication with Your Partner........................... Error! Bookmark not defined.
Gathering Financial and Parenting-Related Documents ....................... Error! Bookmark not defined.
Agreeing on a Timeline and Mediation Goals ....................................... Error! Bookmark not defined.
Alternatives to Lawyer-Driven Divorce ..................................................... Error! Bookmark not defined.
Mediation: Guided Negotiation with a Family Mediator ...................... Error! Bookmark not defined.
Collaborative Separation: Each Party Has a Lawyer, But All Commit to Settlement .. Error! Bookmark 
not defined.
Do-It-Yourself Agreements: When and How They Can Work Safely ..... Error! Bookmark not defined.
When You Might Still Need Independent Legal Advice ............................. Error! Bookmark not 
defined.
Legal Advice Before Signing a Mediated Agreement ............................ Error! Bookmark not defined. 
Ensuring Your Rights Are Protected and Agreement Is Enforceable ..... Error! Bookmark not defined. 
How Legal Review Complements the Work of a Family Mediator ........ Error! Bookmark not defined. 
Contact details of skilled Toronto Family Mediator ................................................................................ 7
Binding Judicial Dispute Resolution (Rule 43) – Effective January 
22, 2025
As of January 22, 2025, Ontario’s Family Law Rules have been 
amended to include Rule 43, which introduces a significant shift in how 
family law disputes may be resolved in the Superior Court. This rule 
creates a new, binding Judicial Dispute Resolution (JDR) process that 
gives parties an alternative to full-scale litigation while still providing 
the finality of a court order.
Under Rule 43, both parties must consent to the JDR process. Once 
agreed, the case proceeds to a single summary hearing before a judge, 
who takes on a dual role: first, to assist in facilitating a negotiated 
resolution between the parties, and second, to issue a binding decision 
on any unresolved matters at the conclusion of that hearing. This hybrid 
approach combines elements of mediation with judicial determination, 
aiming to streamline outcomes in a cost-effective and timely manner.
This process is particularly beneficial for families seeking closure on 
legal issues such as parenting time, decision-making responsibility, 
support, or division of property—without undergoing the stress and 
expense of a multi-day trial.
Rule 43 currently applies in select Superior Court regions, 
including:
 Toronto
 Eastern Region
 Central East and Central South
 Northeast and Northwest
 Middlesex/London
These regions were selected based on infrastructure readiness and 
volume of family cases, and the model may expand based on the 
program’s success.
Why It Matters:
 Judicial Efficiency: Rule 43 enables a single hearing to resolve 
family disputes, reducing the burden on the court system and 
speeding up resolution times for families.
 Cost Savings: By avoiding protracted litigation, families can 
significantly reduce legal fees and emotional toll.
 Judicial Oversight with Flexibility: Parties benefit from both the 
support of a judge in reaching a settlement and the assurance of a
binding outcome when full agreement isn’t possible.
 Trial Alternative: Especially useful in cases where full trial 
preparation is impractical or unnecessary, but parties still require a 
decisive ruling.
Rule 43 marks a continued evolution in Ontario’s push toward 
accessible, family-focused justice, supporting cooperative resolution 
while ensuring finality when needed.
Enhanced Cost Rules – February 2025
In February 2025, Ontario’s Family Law Rule 24 underwent significant 
amendments to improve how costs are managed in family law 
proceedings. These changes were introduced in tandem with Rule 43 
and reflect the province’s broader commitment to promoting early 
resolution and cost-efficiency in family matters.
The revised Rule 24 adopts a summary framework for addressing 
costs, giving judges greater discretion to assess and award legal costs 
based on a streamlined process. This framework is designed to 
encourage early cooperation, limit unnecessary litigation, and promote 
fairness in how legal expenses are handled between parties.
A key element of the new cost rules is the requirement for parties to 
confer before each procedural step—whether a motion, case 
conference, or trial management conference. The goal is to proactively 
address cost expectations and reduce surprise fee claims after the fact. 
Parties must now exchange submissions within strict page limits and 
adhere to set timelines, ensuring that cost discussions are clear, 
concise, and timely.
These changes reflect a shift in culture from reactive cost disputes to 
proactive cost transparency, aiming to discourage tactical litigation 
behaviour and encourage resolution-focused conduct.
Why It Matters:
 Incentivizes Settlement: By making cost consequences more 
predictable and structured, parties are encouraged to negotiate 
early and avoid unnecessary steps.
 Improves Access to Justice: Simplified cost submissions reduce 
complexity for self-represented litigants and streamline the process 
for all parties.
 Supports Mediation and ADR: The emphasis on early
discussions and mutual agreement aligns with Ontario’s wider 
push toward alternative dispute resolution and out-of-court 
settlement.
 Judicial Efficiency: Judges can deal with cost issues more 
effectively, freeing up court resources for cases that genuinely 
require adjudication.
Together with Rule 43, these enhanced cost provisions demonstrate 
Ontario’s ongoing efforts to modernize family law, making it more 
accessible, transparent, and resolution-oriented.
O. Reg. 150/25 – Family Law Rules Update – July 2025
Ontario filed O. Reg. 150/25 under the Courts of Justice Act on July 2, 
2025, pending portions coming into force as early as July 1
Highlights:
 Formalizes Rule 43 within regulation form (previously pilot- 
based).
 Likely includes additional procedural refinements—such as 
templates, thresholds, or scope clarifications—for ADR processes.
 Full provisions are still being released; watch for updates in July 
2025.
Why it matters:
Deputizes ADR, making Binding JDR a formal, consistent option across 
jurisdictions with standardized how-to’s.
Summary Table
Reform Date in Effect Key Impact
Rule 43 – Jan 22, 2025 Judge-led, binding settlement hearings 
Binding JDR in Superior Court
Rule 24 – Costs Feb 12, 2025 Proactive cost disclosures; summary 
Rule process framework
O. Reg. 150/25 Filed Formalizes ADR rules and 
Jul 2, 2025 procedures, including Rule 43
Sources
1. Rule 43 – Binding Judicial Dispute Resolution
o Ontario Court Forms – Rule 43 Form: 
https://ontariocourtforms.on.ca/en/family-law-rules- 
forms/43/
o Ontario Superior Court – Practice Direction (Family 
Law):
https://www.ontariocourts.ca/scj/areas-of-law/family/family- 
pd/
2. Rule 24 – Costs in Family Proceedings
o Peel Law Association – Update on Family Law Rule 
Changes (Feb 2025): https://
www.plalawyers.ca/latest-news-from-the- 
pla/13462216
3. O. Reg. 150/25 – Family Law Rules Regulation
o Ontario e-Laws: https://
www.ontario.ca/laws/regulation/r25150
o Codify Laws – Regulation Overview: 
https://codifylaws.com/canadian-bill-and-regulation-
details/o-reg-150-25-family-law-rules-ontario-
regulation
Contact details of skilled Toronto Family 
Mediator
Smart Separation
Address: 45 Sheppard Ave E Suite 500A, North York, ON M2N 
5W9, Canada
Phone Number: +1 416-820-1264 
Business Hours: Mon-Sat = 9am to 5pm 
Website: https://smartseparation.ca/ 
Email: [email protected]