Property mediation is a process where a neutral third party assists when separating couples discuss how to divide assets and liabilities without going to court. The mediator helps reach a fair compromise, rather than imposing a binding legal decision.

In Ontario and across Canada, this process is seen as being time-saving, less expensive, allowing your financial affairs private.

Interview: Both parties meet separately with the mediator to share background details and ensure mediation is safe and appropriate. Mediation is not used if there is a history of family violence, intimidation, or a severe power imbalance.

Financial Disclosure. Before the mediation process begins, both parties must exchange complete, records of all assets, debts, and income. Common items include the matrimonial home, bank accounts, pensions, investments, businesses, and loans.

Memorandum of Understanding (MOU). Once the parties reach an agreement on how to divide and equalize property, the mediator records the terms in an MOU.

Independent Legal Advice . Each person takes the MOU to their own family lawyer(s) for review. Your lawyers then draft a formal, legally binding Separation Agreement.

Gather Valuation Documents. Obtain recent statements, tax assessments, or professional appraisals for real estate, vehicles, pensions, and business interests. Agreeing on the exact value of assets is often the biggest hurdle in property mediation.

Know Your Bottom Line. Meet with a family lawyer beforehand to understand your legal rights regarding property equalization and excluded assets. Knowing what a court would likely order gives you a clear baseline for compromise.

Focus on Practical Trade-Offs. Mediation allows for creative solutions that a judge cannot order. For example, one person might keep the family home in exchange for giving up a share of a pension or taking on specific joint debts.
Choose Open vs. Closed Mediation. In closed mediation, everything said stays strictly confidential and cannot be used in court if talks fail. In open mediation, the mediator can write a report for the court detailing what happened during the sessions.

Court-Connected Services. The Government of Ontario Family Mediation program offers free on-site mediation on court dates and sliding-scale off-site mediation based on your income.

Private Accredited Mediators. You can search directories through the Ontario Association for Family Mediation (OAFM) or the Alternative Dispute Resolution Institute of Ontario (ADRIO)
Ontario Association of Collaborative Professionals: The OACP represents collaborative practice groups across Ontario. Our purpose is to share knowledge about collaborative divorce with the public, to train and support collaborative professionals, and to grow awareness of the benefits of the collaborative process.