Differences between mediation, arbitration and a trial
Small claims
Differences between mediation, arbitration and a trial at the Small Claims Division
Mandatory mediation and small claims arbitration are gradually deployed in Quebec starting in November 2023. If your case is affected by mandatory mediation and arbitration, you should receive notices on these subjects by mail. Recourse to small claims mediation remains voluntary if your case is not affected by mandatory mediation.
Process
Mediation
Arbitration
Court
Name
Mediation session
Arbitration session
Trial
Authority
Certified mediator
Certified arbitrator
Judge
Location
At a location chosen by the mediator and the parties
Remotely (e.g., virtual platform)
At a location chosen by the arbitrator and the parties
Remotely (e.g., virtual platform)
Courtroom
Time before first session or hearing
A few weeks after the case is taken on by the mediator
A few weeks after the case is taken on by the arbitrator
Varies for each courthouse
Schedule
Flexible, depending on the availability of the parties and the mediator (days, evenings or weekends)
Flexible, depending on the availability of the parties and the arbitrator (days, evenings or weekends)
Weekdays, during the day, depending on court availability
Duration
Maximum 3 hours
Varies according to the arbitrator
From a few hours to several days, depending on the case
Costs
Free for up to 3 hours
Free (no additional court costs)
Court costs
Operating rules (procedure)
Determined by the parties and the mediator
Determined by the parties and the arbitrator
Determined by rules of law
Confidentiality
Confidential
Confidential
Public
Exhibit filings (e.g. documents)
YES
YES
YES
Witnesses present
NO
YES
YES
Decision
Mediation
Arbitration
Court
Name of decision
Agreement
Arbitration award
Judgment or ruling
Negotiated or imposed
Negotiated between the parties
Imposed by the arbitrator
Imposed by the judge
Confidentiality of decision
Confidential
Public if the agreement is recognized by the court (homologation)
Public
Public
Delivery of decision
At the end of the session (if an agreement is reached)
Up to 30 days after the arbitration session
Up to 4 months from the end of the trial
Possible to have the decision recognized by a court
