Do I Need a Lawyer If I Choose Mediation?
- Divorce is Simple
- Jul 17
- 2 min read
Understanding the Role of Independent Legal Advice in Ontario
If you’re considering divorce in Ontario and want to avoid the stress and cost of going to court, mediation may be the right path for you. But one question we often hear is:
“If I choose mediation, do I still need a lawyer?”
The short answer: yes — but not in the way you might think.
Mediation vs. Litigation
Mediation is a cooperative process where you and your spouse work together — with the help of a neutral third-party mediator — to make decisions about parenting, support, and dividing property. It’s often faster, less expensive, and less adversarial than hiring lawyers to battle it out in court.
But even in mediation, you’ll want to ensure that the agreement you reach is legally sound and fully protects your rights. That’s where Independent Legal Advice (ILA) comes in.
What Is Independent Legal Advice (ILA)?
Independent Legal Advice means that each person receives guidance from their own lawyer before signing the final separation agreement. This step confirms:
You understand the legal impact of the agreement
You’re entering the agreement voluntarily
Your rights and obligations under Ontario law are clearly explained
Receiving ILA makes the agreement legally sounds and helps avoid future disputes — especially when it comes to enforceability.
How Divorce is Simple Handles ILA For You
At Divorce is Simple, we’ve designed our process to be both supportive and legally comprehensive — which means you don’t have to figure this out on your own.
Here’s how it works:
✅ Step One: Financial Disclosure
Work with a Certified Divorce Financial Analyst (CDFA) to clearly document income, assets, debts, and expenses. Transparency lays the foundation for fair negotiation.
✅ Step Two: Divorce Mediation
Our trained mediators guide you and your spouse through respectful, solution-focused discussions to reach agreement on all key issues.
✅ Step Three: Separation Agreement
We draft a customised legal agreement based on your mediated decisions — covering everything from custody to property division.
✅ Step Four: Independent Legal Advice (ILA)
Before you sign anything, we connect both of you with your own lawyers to receive Independent Legal Advice. This ensures you fully understand the agreement and that it complies with Ontario law. We’ve built this into our packages for peace of mind and legal protection.
📝 Optional Step: Divorce Decree
After one year of separation, we can assist you with filing for a formal divorce — including all paperwork and court filing.
Final Thoughts
So yes, even in mediation, you still need a lawyer — but only at the final step to review and confirm your rights. With Divorce is Simple, this part is already taken care of. We coordinate everything from start to finish, including ILA, so you don’t have to worry about unexpected steps or hidden legal fees.
Simple. Affordable. Legally sound.
Have questions about whether mediation is right for you? Contact us — we’re here to help.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal or financial advice. For specific legal guidance, please consult a qualified family lawyer. This is not intended to be used as advice.
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