Mediation at the Small Claims Division
Mediation services are available at the Small Claims Division to help the parties resolve their dispute by reaching a settlement. No additional charge is made for mediation.
Once you have filed an application at the Small Claims Division, you become entitled to use the mediation services. If you agree to pursue mediation, the defendant is informed and is free to accept, or not to accept, the offer of mediation.
You can request mediation at any time prior to the hearing, even if you or the defendant have previously rejected the offer of mediation. To request mediation, you must file a written application at the court office.
Mediation sessions are private and informal. Once both you and the defendant have agreed to mediation, you are called to a meeting with the mediator (a lawyer or notary) at a time that is convenient for you. Each session lasts about an hour.
During the mediation session, the mediator invites both parties to present their respective situation, and tries to guide them toward a settlement.
If you and the defendant reach a settlement during the mediation session you must file a copy of the settlement, or a notice stating that you have reached a settlement, in the court office. The settlement will then be confirmed by the judge or special clerk.