Why Family Law Mediation Deserves a Place in Legal Education

When I wrapped up my Law Clerk Program, I found myself reflecting on the many lessons learned, and the ones that were notably missing. One stood out most: family law mediation. Despite its growing importance in the real world, it was nearly invisible in the classroom.

My family law professor was a deeply experienced practitioner with a long career in the field. He guided us through real-world case studies, explained key legislation, and gave us challenging opinion assignments. One, in particular, asked us to evaluate three options for resolving family law disputes: the Traditional Process, Mediation, and Collaborative Law.

Even back then, with only a beginner's understanding, I sensed something essential about mediation. While it wasn’t thoroughly covered, it still stood out to me as the most balanced, client-focused path—even if I didn’t have the words for it yet.

The Missing Conversation

In our two family law courses, very little was said about mediation. Instead, most lessons revolved around litigation. The traditional process was portrayed as standard practice. Yet, when our class discussed it, the atmosphere would often turn tense. There was a common unspoken frustration with the idea of "fighting it out" in court.

One of my assignments from that time reads: "The traditional process is arguably the most aggressive, due in part to its adversarial history. Many perceive it negatively." That sentiment wasn’t unique to me. In fact, even our professor, without explicitly endorsing alternatives, would share outcomes of court cases that rarely ended with both parties feeling satisfied.

The underlying message, intentional or not, was clear: litigation often leaves scars.

The Problem With the Current Curriculum: Why Family Law Mediation Matters

I don’t say this to criticize my education, I’m genuinely grateful for what I learned. But I can't ignore the bias I now see in hindsight. The legal education I received was centred around lawyers, not solutions. Mediation was framed almost like a footnote rather than a viable first option.

That has consequences. When law clerks and legal professionals are trained with litigation as the default, it reinforces a public belief that court is the only legitimate way to resolve family disputes. That belief is not only outdated—it can be damaging.

What We Miss When We Skip Mediation

Mediation offers something the traditional system rarely does: a space for emotional de-escalation. It prioritizes communication, reduces financial strain, and can significantly shorten the timeline of a family law matter. And yet, many legal professionals come out of school unprepared to even discuss it.

Back then, I mistook Collaborative Law as the most gentle option simply because it was the only one we had studied in depth. But now I see clearly: mediation, when done well, is often the least aggressive, most ethical option available.

Personal Insight: A Story From School

I remember a moment in class when our professor said, "One of the most ethical things you can do for a client is to help them keep their legal costs down."

That comment stuck with me. It felt honest and client-centred. But I couldn’t help wondering: if that’s the ethical goal, why weren’t we being taught more about mediation?

Years later, that question still lingers.

A Call for Curriculum Reform

I believe it’s time for legal education to evolve. We need to teach future law clerks and legal professionals that family law isn’t just about courtrooms and legal bills. It’s about people—and often, people who are in pain.

Adding a dedicated mediation course to the curriculum would be a powerful start. It wouldn’t just teach the technical side of mediation; it could emphasize ethical practice, emotional intelligence, and practical tools for resolution.

This shift could change how professionals approach family law from the outset. And that change could ripple outward, improving outcomes for families across Ontario.

Next Steps: If you're curious about how mediation can lead to more ethical, affordable family law solutions, contact Alliston Resolutions today. Let's explore a better way forward together.