Mandatory mediation of small claims

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

Once the claim has been filed and disputed, the courthouse will put you in touch with a mediator. You don’t need to do anything to register for mediation.

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.

Mediation results

If there is an agreement

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

If there is no 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.

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 is voluntary (upon request) for all claims over $5,000 (not including interest) in judicial districts where mandatory mediation is in place.

Mediation results

If an agreement is reached

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

If no agreement is reached

You can ask to go to small claims arbitration. If you don’t go to arbitration, your case will go to trial.

Unlike claims under $5,000, your case will not be automatically sent to arbitration if no agreement is reached in mediation. You must request it yourself. Contact the courthouse  to make the request.

The mediator’s services are at no charge to you. The Ministère de la Justice pays the mediator’s fees.

You don’t need to look for a mediator; the courthouse will assign one. The mediator will then contact you.

Community Justice Centers  offer free virtual information sessions on mandatory small claims mediation. Find out about upcoming sessions.

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