Mediation at the Small Claims Division

Eligibility

You are eligible when you file a claim at the Small Claims Division of the Court of Québec and the claim is disputed.

Mediation is mandatory for all eligible claims of $5,000 and less (not including interest).

Exceptions and exemptions

Cases not referred to mandatory mediation

Mandatory mediation does not apply to cases:

• where the parties have requested a judgment on the face of the record;
• dealing with the constitutionality or validity of a law or regulation (e.g., laws of Québec or Canada, regulations, or government or ministerial orders);
• related to the Charter of human rights and freedoms or the Canadian Charter of Rights and Freedoms.

Requesting an exemption

You may request an exemption from mandatory mediation if you have serious grounds for doing so. For example, you may have a court order preventing you from being in the other party’s presence or you may have already participated in a mediation session in the same dispute.

The procedure for requesting an exemption is explained in the notice of mediation sent to the parties.

Mediation process

Before mediation

Once the claim has been filed and disputed, the courthouse will put you in touch with a mediator. The mediator will then contact you. You don’t need to do anything to register for mediation. A mediator is usually a lawyer or a notary.

You and the other party are called to appear before a mediator. The session may take place in person or on a virtual platform. The session takes place at your convenience. It can last up to 3 hours.

The mediator reviews the claim and the defence only. They may ask you for evidence if needed.

You must go to the mediation session when summoned. Otherwise, the file will be automatically sent to arbitration (if eligible) or to trial.

You may be ordered to pay damages or other expenses to the other parties if you fail to show up for the mandatory mediation.

During mediation

The mediation process is simple. The mediation session is conducted privately and with minimal formality. During the session, the mediator invites you to state your respective positions. The mediator asks questions. In short, the mediator attempts to lead you towards a settlement.

All exchanges are confidential.

After mediation

If you come to an agreement during mediation

If you come to an agreement during mediation, your case will be closed.

If you don't come to an agreement

If there is no agreement after mediation, the case will be automatically sent to arbitration (if eligible) or to trial. You don’t need to do anything, as the courthouse will put you in touch with an arbitrator. You’ll receive a notice of arbitration with the necessary details.

You will not be able to use what was said during the mediation session in arbitration or in trial.

Vidéos

• Cheminement de votre dossier (In French)
• Médiation obligatoire aux petites créances − Questions et réponses (In French)

Document

Questions et réponses sur la médiation obligatoire aux petites créances (In French) (PDF 408 Kb)

Eligibility

You are eligible when you file a claim at the Small Claims Division of the Court of Québec and the claim is disputed.

Mediation is voluntary (upon request) for all claims over $5,000 (not including interest).

Both parties must express an interest in mediation. You can do so by completing the mediation section in the Small Claims Division form (SJ-870E) (if you’re the plaintiff) or the Response form to an action at the Small Claims Division (SJ-871E) (if you’re the defendant).

You can avail yourself of mediation at any time, even if you initially refused it or if a hearing before a judge is already underway.

Ask for information at the courthouse to find out what steps you need to take.

Mediation process

Before mediation

When you and the other party agree to go to mediation, the courthouse puts you in touch with a mediator. The mediator will then contact you. The mediator is usually a lawyer or a notary.

During mediation

The mediation process is simple. The mediation session is conducted privately and with minimal formality. During the session, the mediator invites you to state your respective positions. The mediator will ask you questions. In short, the mediator attempts to lead you towards a settlement.

All exchanges are confidential.

After mediation

If you come to an agreement during mediation

You must file a notice of the settlement or a copy of the agreement, which will then be confirmed by a judge or a special clerk.

If you don't come to an agreement

You can request to have your case heard in arbitration.

Otherwise, your file will be heard in court.