Settlement conference

If any defendants in the case file their defence in time and disagree with any part of the claim, then the Court will schedule a settlement conference.

What is a settlement conference?

The settlement conference is an informal, confidential meeting in the presence of a member of the judiciary. It gives you a chance to seriously consider ways to resolve your case without the expense, inconvenience and stress of a trial.

The goals of a settlement conference are to:

• encourage the parties to resolve their dispute,
• narrow down the issues in the case,
• provide full disclosure of relevant facts and evidence, and
• help the parties prepare for trial if the dispute cannot be resolved.

The role of the judicial officer

The judge or deputy judge is there to listen to your story, deal with any procedural problems, and give you their opinion of how your case will likely be decided if it goes to trial.

That opinion will be based on their experience as a lawyer, judge or deputy judge. You have the right to know what that opinion is, and you also have the right to ignore that opinion. However, you should carefully consider what they say because their opinion is based upon years of experience.

Important information for before, during and after the conference

At least 14 days before your settlement conference, you must serve on every other party and file with the Court:

• a copy of any document you intend to rely on at trial that was not attached to your claim or defence, and
• a completed List of Proposed Witnesses (Form 13A).

At your settlement conference, you must discuss the issues in your case openly and frankly. If someone (for example, a paralegal or lawyer) is representing you at the conference, they must do the same.

Discussions at a settlement conference are confidential. You cannot disclose the matters you talked about at a settlement conference until after your case is fully resolved. This includes the trial. The only exception is where the parties have filed a consent (Form 13B) saying they agree to disclosure.

If the case does not settle at the settlement conference, then the presiding deputy judge may make orders to help the trial run effectively (for example, disclosure of certain documents before the trial). A different deputy judge will preside at the trial.

If you do not attend the settlement conference, or come unprepared, then there can be serious consequences. The Court may order costs against you. The Court may schedule another settlement conference and, in some cases, strike your defence and dismiss your defendant’s claim.

You are not required to settle your case at the settlement conference or at any point if you do not want to.

Trial management conference

In some cases that do not settle at the settlement conference, the Small Claims Court may schedule a trial management conference.

This is a brief meeting between a deputy judge and the parties (or their representatives) to help the parties prepare for trial and ensure the trial runs efficiently.

Rules 13 & 16.1

Rule 13 of the Rules of the Small Claims Court governs settlement conferences. Rule 16.1 governs trial management conferences.

More information

For more information about getting ready for a settlement conference, see the Getting ready for court section of the Ministry of the Attorney General’s Guide to procedures in Small Claims Court.