The Evolution of Divorce Lawyers: From Litigation to Resolution

How Divorce Practice Has Changed Over Time in Ontario

Traditional litigation-focused practice before the 1990s

Before alternative dispute resolution gained traction, Ontario divorces were typically resolved through court proceedings. Lawyers prepared for trials, gathered evidence, examined witnesses, and positioned each spouse against the other. This approach was time-consuming and expensive, often escalating conflict rather than easing it. Children’s interests were considered, but the system was not specifically designed to reduce emotional harm or encourage out-of-court cooperation.

Rise of mediation, arbitration, and collaborative family law

Beginning in the late 1990s and early 2000s, Ontario saw a significant shift toward settlement-based practices. Mediation and arbitration became widely accepted, offering private, flexible, and faster alternatives to court. Collaborative family law gained prominence—an approach where both spouses and their lawyers sign a participation agreement committing to resolve matters outside the courtroom. This method focuses on communication, transparency, and long-term stability rather than short-term victories.

Family courts also began encouraging parties to attempt resolution before scheduling trials. Case conferences, settlement conferences, and early dispute-resolution meetings became standard parts of the process.

Impact of the Family Law Act, Children’s Law Reform Act, and Divorce Act reforms

Changes to key legislation pushed the system further toward a resolution-focused model:

• Family Law Act (Ontario) modernised the rules for property division and spousal support, encouraging predictable outcomes that reduced litigation.
• Children’s Law Reform Act emphasised the best interests of the child and strengthened parenting-focused decision-making.
• Recent Divorce Act reforms (2021) represented one of the biggest shifts in Canadian family law, mandating:
  • A focus on the best interests of children
  • Encouragement of dispute resolution outside court
  • Updated terminology (e.g., “parenting time” and “decision-making responsibility”)
  • Recognition of family violence and its impact on parenting arrangements

Increased focus on emotional, financial, and parenting well-being

Modern divorce lawyers take a holistic approach. Instead of solely managing legal issues, they help clients navigate emotional stress, financial planning, and co-parenting challenges. Many now collaborate with:

• Mediators and arbitrators
• Parenting coordinators
• Financial planners and valuators
• Mental-health professionals
• Social workers and child specialists

The Decline of Court-Centred Divorce in Ontario

Backlogs and delays in the Ontario family courts

Ontario’s family courts have long struggled with significant backlogs. Delays worsened after the transition to virtual hearings, staffing shortages, and increased demand for judicial resources. As a result, families often wait months—or even more than a year—for case conferences, motions, and trial dates. These delays make litigation unpredictable and frustrating, pushing many couples to choose mediation, collaborative law, or private arbitration where timelines are flexible and resolution is much faster.

High costs and stress of litigation

Traditional litigation is expensive. Court filings, multiple lawyer meetings, preparation for conferences, and trial-related work can quickly accumulate thousands of dollars in legal fees. For many Ontario families, this financial strain adds unnecessary pressure to an already difficult emotional period. Litigation also tends to escalate conflict, as each side prepares for a win-lose outcome. In contrast, resolution-based approaches allow spouses to maintain control, communicate more constructively, and preserve financial resources for rebuilding their lives post-separation.

Judges increasingly encouraging settlement conferences

Ontario family judges now play an active role in promoting settlement. At case conferences, judges often emphasise the benefits of compromise and highlight the risks of continuing litigation. Settlement conferences give parties the chance to discuss solutions with the judge’s guidance, identify common ground, and resolve issues without a full hearing.

Shifting expectations from Ontario clients who want faster, affordable solutions

Modern Ontario clients expect efficiency, affordability, and transparency. Many families prefer private processes that give them control over timing, privacy, and decision-making. They recognise that court battles can damage co-parenting relationships and prolong emotional distress. As more people become aware of mediation, collaborative law, and arbitration, clients increasingly seek lawyers who can provide resolution-focused strategies rather than litigation-first approaches.

The Rise of Alternative Dispute Resolution (ADR) in Ontario

As Ontario families increasingly seek peaceful, cost-effective, and efficient ways to resolve their disputes, Alternative Dispute Resolution (ADR) has become a foundational component of modern family law practice. ADR methods empower separating couples to craft tailored solutions while avoiding the financial and emotional burden of lengthy court battles. Today, mediation, collaborative law, arbitration, and hybrid approaches like med-arb are widely used throughout Ontario, supported by a strong network of accredited professionals.

Mediation: voluntary, confidential settlement discussions

Mediation is often the first step many Ontario couples take when trying to resolve separation issues. A neutral mediator guides the discussions, helps identify needs and interests, and facilitates solutions for parenting, support, and property division. Mediation is completely voluntary and confidential—nothing said can be used later in court. This creates a safe environment where spouses can negotiate openly, reduce tension, and reach agreements that genuinely reflect their family’s priorities.

Collaborative family law: lawyers agree not to litigate

Collaborative family law has become one of the most influential developments in Ontario’s divorce landscape. In this process, each spouse retains a collaboratively trained lawyer and signs a participation agreement confirming that neither lawyer will take the case to court. This commitment fosters transparency, reduces adversarial behaviour, and promotes cooperative problem-solving. The collaborative model often includes joint meetings with financial specialists, mental-health professionals, and parenting experts, allowing families to address complex issues with professional support.

Arbitration: private, binding decisions by a trained arbitrator

Arbitration provides a more structured alternative for couples who need a final decision but want to avoid the delays and public nature of court. A qualified family arbitrator—often a senior family lawyer or former judge—reviews evidence and makes a binding decision on issues such as parenting time, property division, or support. Ontario’s Arbitration Act and related family law regulations ensure that arbitration follows strict fairness standards, including screening for power imbalances and domestic violence.

Mediation-arbitration (med-arb): hybrid model popular in Ontario

Med-arb is widely used in Ontario because it blends the best of both processes. Couples first attempt mediation to reach a voluntary agreement. If they cannot resolve all issues, the same professional switches roles and becomes an arbitrator who makes a binding decision on the remaining matters. This hybrid model reduces the need to start over with a new decision-maker and prevents cases from returning to the court system. For families seeking finality and efficiency, med-arb is one of Ontario’s most respected ADR solutions.

Role of accredited mediators through OAFM and FDRIO

Ontario’s ADR community is supported by professional associations that ensure mediators and arbitrators meet high standards:

• Ontario Association for Family Mediation (OAFM): Offers Accredited Family Mediator (AccFM) qualifications and sets ethical, training, and practice standards.
• Family Dispute Resolution Institute of Ontario (FDRIO): Provides accreditation for family mediators, arbitrators, and parenting coordinators through designations such as FDRP-Med, FDRP-Arb, and FDRP-PC.

Why More Ontario Divorce Lawyers Use a Resolution-Focused Approach

Strengthening co-parenting relationships

A resolution-first approach encourages parents to work together instead of against one another. By focusing on communication, shared goals, and the best interests of the child—principles reinforced in the Children’s Law Reform Act and Divorce Act – lawyers help parents build workable, respectful co-parenting arrangements. This reduces the likelihood of future disputes and creates a healthier environment for children who rely on both parents to remain involved in their lives.

Lowering legal costs

Litigation can be prohibitively expensive, but resolution-based methods such as mediation, collaborative law, and negotiated settlements significantly reduce financial strain. Lawyers who prioritize settlement help their clients avoid lengthy court delays, costly motions, and repeated attendances. This allows families to preserve more financial resources for housing, childcare, education, and rebuilding after separation.

Reducing emotional harm to children

Children are highly sensitive to parental conflict. Research consistently shows that the level of conflict—not the separation itself—is the primary factor that impacts a child’s emotional well-being. Resolution-focused approaches minimise hostility and encourage parents to adopt child-centred strategies, such as parenting plans, consistent routines, and cooperative communication. Ontario divorce lawyers increasingly incorporate mental-health professionals, parenting coordinators, and child specialists to help parents make decisions with their children’s emotional needs firmly in mind.

Faster and more predictable outcomes

Out-of-court processes offer more control over timing, which is especially important given ongoing delays in Ontario’s family courts. ADR methods, negotiated settlements, and collaborative meetings allow families to move forward without waiting months for court dates. Predictability increases as well—couples can tailor solutions that fit their unique circumstances rather than leaving the final decision to a judge who may not know their family as well.

Growing demand for trauma-informed, collaborative legal services

Ontario families increasingly expect lawyers to understand the emotional complexities of separation. Trauma-informed practice has become more common, especially in cases involving coercive control, emotional abuse, and power imbalances. Divorce lawyers are adapting by:

• Using non-adversarial language
• Prioritising client safety and emotional well-being
• Coordinating with counsellors, therapists, and social workers
• Offering flexible, personalised settlement processes
• Encouraging insight rather than confrontation

How Divorce Lawyers in Ontario Guide Clients Toward Peaceful Resolutions

Setting realistic expectations early

A key part of reducing conflict is helping clients understand what outcomes are legally realistic. Ontario divorce lawyers:

• Explain the principles of the Family Law Act, Divorce Act, and Children’s Law Reform Act
• Clarify how property division, support, and parenting responsibilities typically unfold
• Outline potential timelines, costs, and limitations

Encouraging interest-based negotiation

Interest-based negotiation is at the heart of peaceful resolutions. Instead of focusing on rigid positions (“I want the house” or “I want sole custody”), Ontario lawyers help clients identify the underlying interests driving those positions—such as stability for the children, financial security, or maintaining cultural practices.

This approach allows both spouses to explore creative solutions and compromises, often making it easier to reach agreements on:

• Parenting schedules
• Spousal and child support
• Division of assets
• Living arrangements during and after separation

Using parenting plans tailored to Ontario’s “best interests of the child” test

The modern legal framework in Ontario requires that all parenting decisions be guided by the best interests of the child. Divorce lawyers help parents develop detailed, predictable parenting plans that address:

• Parenting time and weekly routines
• Decision-making responsibility
• Holidays, vacations, and special occasions
• Communication guidelines
• Transportation and exchanges
• Introduction of new partners
• Methods for resolving future disagreements

Helping clients manage emotions and communicate effectively

Separation is highly emotional, and conflict can escalate quickly when communication breaks down. Many Ontario divorce lawyers now integrate emotional awareness into their practice by:

• Teaching communication strategies
• Encouraging respectful dialogue
• Discouraging reactive decisions
• Helping clients avoid common triggers
• Supporting clients during high-stress discussions

Recommending counselling or family professionals when needed

Resolution-focused lawyers recognise that legal issues are only part of the separation process. When clients struggle with grief, anger, trauma, or co-parenting challenges, lawyers frequently refer them to:

• Family counsellors
• Parenting coordinators
• Mental-health professionals
• Child specialists
• Financial planners or valuators
• Mediators and arbitrators

When Litigation Is Still Necessary in Ontario

High-conflict matters involving violence, coercive control, or serious risk

When family violence or coercive control is present, out-of-court settlement may expose vulnerable spouses or children to ongoing harm. Ontario judges can issue:

• Restraining orders
• Exclusive possession orders of the home
• Supervised parenting arrangements
• No-contact or non-harassment directives

Urgent motions for safety, parenting time, or support

Some issues cannot wait for negotiation or mediation. Ontario divorce lawyers bring urgent motions when families face:

• Immediate danger or threats
• Wrongful removal or withholding of a child
• Sudden financial hardship or non-payment of support
• Situations requiring temporary custody or protection

Cases with hidden assets, non-disclosure, or fraud

Fair financial outcomes depend on full, honest disclosure. When a spouse:

• Hides income or assets
• Refuses to produce financial documents
• Manipulates business records
• Engages in deceptive financial behaviour

Situations where a parent refuses to cooperate with any resolution process

Resolution-focused methods work only when both parties are willing to participate. In cases where one parent:

• Refuses mediation or negotiation
• Ignores deadlines and disclosure requests
• Violates temporary agreements
• Acts in bad faith