Mediation at the Small Claims Division

Mediation allows you to settle a small claim out-of-court. 

The mediator guides your exchanges with the other party. He or she ensures that you have a chance to express yourself and that you feel heard. 

You are entitled to up to 3 free hours with a mediator to attempt to resolve your dispute when you have a file open at the Small Claims Division.

With mediation, you and the other party try to reach an agreement to put an end to your dispute.

Who is eligible

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

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.

Both parties must express an interest in mediation.

Mediation process

When you and the other party agree to go to mediation, the courthouse puts you in touch with a mediator.

During mediation

The mediation process is simple.

The mediation session is conducted privately and with minimal formality.

You and the other party are called to appear before a mediator (usually a lawyer or a notary). 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

During the session, the mediator invites you to state your respective positions.

In short, he or she 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

Your file will be heard in court. Please note that what was said during the mediation session cannot be used as evidence during the hearing.


The Ministère covers the fees of the mediator for a maximum of 3 hours.

Find a mediator

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

Last update: December 1, 2023


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