Ontario's Civil Procedure Reforms: What They Mean for Mediation

Ontario's civil justice system is on the brink of its most significant transformation in decades. The Ministry of the Attorney General's Civil Rules Review - Phase 2 Consultation Paper proposes sweeping changes to how litigation is conducted, from pleadings to discovery to settlement.

For litigators and adjusters alike, one theme stands out: a greater emphasis on early resolution - and mediation is at the heart of that shift.

The Push Toward Earlier Engagement

The proposed reforms reflect what many in the system already know: civil litigation has become too slow, too expensive, and too unpredictable. The consultation paper suggests a stronger framework for pre-litigation cooperation, streamlined discovery and mandatory settlement discussions at earlier stages.

This trend mirrors what's been happening organically for years. Counsel are increasingly turning to mediation, not just because it's required, but because it's often the most practical way to move a file forward efficiently and with control.

How the Changes Affect Mediation Strategy

The reforms could influence mediation in three key ways:

Earlier Timelines Mean Earlier Mediation Readiness:

With earlier exchange of information and disclosure, mediation may be appropriate sooner than it used to be. This creates opportunities to resolve files before litigation costs spiral, but also means planning ahead for mediator availability.

Case Conferences and ADR Integration:

The proposed rules envision mediation and case management working hand-in-hand. Rather than being parallel tracks, these processes may increasingly marge, putting greater importance on strategic mediation timing and preparation.

Fewer Procedural Delays:

As motions and adjournments become harder to justify, mediation will continue to be a forum where parties can resolve issues that would otherwise clog the system.

Why It Matters Now

The reform process is still ongoing, but the direction is clear: Mediation is becoming MORE central, not less.

Counsel and adjusters who embrace this shift, by preparing earlier and securing mediation dates proactively, will be best positioned to adapt smoothly.