It’s The Norm To Settle Without A Judge
- Robert Goronovsky
- Apr 24
- 3 min read
Updated: Apr 25
When people picture legal disputes, they often imagine standing in front of a judge, flanked by lawyers, waiting for someone else to decide their future. But the truth? Settling without a judge has become the norm, not the exception—especially in family law. If you're facing separation, custody decisions, or another family conflict, it might surprise you to learn that court isn't the likely outcome. In fact, it rarely is.
Most Cases Settle Before Trial — So Why Wait? In civil litigation, it's estimated that 90% of personal injury cases settle before reaching trial. (1) And in family law? The story is similar. According to the latest Ontario data, only 14.1% of family law cases are decided by a judge after a hearing or trial. That means the overwhelming majority are resolved outside of court. (2)
And yet, despite this shift, far too many families still begin down the traditional litigation path—incurring enormous costs in the process—only to settle along the way. You also don't have as much say when it's settled by negotiation before trial and settled by settlement conference as lawyers have a tendency to strong arm you. Here's the part that doesn't get enough attention: if most cases end in settlement anyway, why not start with mediation or collaborative law from the beginning?
While 14.1% of family law cases are decided by a judge, the remaining 85.9% are resolved in other ways:
8.5% through collaborative family law
10.9% through mediation
13.4% through parent agreements
That leaves a large portion of settlements happening only after long (and often expensive) litigation processes. In reality, many of these could have been resolved much earlier—with fewer scars and far less financial strain. (2).
The Hidden Costs of Taking the Long Way Around. Litigation isn't just stressful—it's expensive and time-consuming. Here are just a few of the costs you may face on the path to trial:
Consultation Fees: Meeting with a family lawyer can cost several hundred dollars for the initial session alone. (3)
Hourly Rates: Many lawyers charge between $300 to $600 an hour. The longer your case drags on, the higher the bill climbs.
Court Fees: Filing fees, motions, transcripts—they add up quickly, often reaching into the thousands. (4)
Time: Reaching trial in Ontario family law cases can take anywhere from 18 months to 5 years. (5)
And this is often for a case that was never destined to go all the way to trial in the first place.
Mediation: A Faster, More Affordable Option In contrast, mediation and collaborative family law often resolve matters in just a few months. At Alliston Resolutions, our average mediation process is completed in significantly less time with an average of being 4 weeks. Plus, it empowers families to craft agreements that reflect their unique needs—rather than deferring to a one-size-fits-all judgment.
It’s Not Just Logical. It’s Compassionate. Choosing mediation doesn’t mean you’re weak or avoiding a fight. It means you’re wise enough to recognize that healing, cooperation, and long-term co-parenting are often better served outside of an adversarial system.
If the stats show that most people will settle out of court anyway, then why not choose a path that saves time, money, and emotional energy from the start?
Next Steps: If you're on the verge of a family law dispute, don't wait until you're knee-deep in court fees and conflict to explore your options. Reach out to Alliston Resolutions today to learn how mediation or collaborative family law could offer you a faster, more respectful way forward.
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