Should mediation be mandatory?

• Mandatory mediation in Ontario: how it works.
• Evaluation of Ontario’s Mandatory Mediation Program.
• Current lawyer views on Ontario Mandatory Mediation Program.
• Increase in virtual mediations with COVID-19.

Should mediation ever be mandatory? While a subject of debate in the UK, nearly 20 years ago Ontario rule-makers answered ‘yes’ to this question. Since then, in three major cities mediation has been required in most civil litigation. Mandatory mediation in Ontario was shown to decrease time to settle cases, decrease cost to litigants, and increase satisfaction among lawyers and parties, among other benefits. Recent surveys of Ontario lawyers indicate that the vast majority of respondents would like mandatory mediation to be geographically expanded, showing satisfaction with the program. In September 2020, the Ontario Bar Association and other Ontario lawyer groups made formal recommendations to the Attorney General of Ontario that mandatory mediation be expanded geographically, and these recommendations are currently being considered by the government. Given the anticipated