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 |
|
| 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 | 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 | YES | YES | No need, since it comes from a court |
Last update: October 20, 2025