Is mediation cheaper than trial in Canadian small claims?
Almost always. Mediation typically takes a few hours and often costs little or nothing when offered through the court, whereas a trial means preparation time, a full day or more in court, and lost income. Mediation also resolves disputes in weeks rather than the many months a trial can take.
Is mediation mandatory in small claims?
It varies. Ontario requires mandatory mediation in Toronto, Ottawa, and Windsor for certain actions, and small claims courts across provinces generally require a settlement conference before trial. Quebec offers free voluntary mediation in its small claims division.
What happens at a settlement conference?
A settlement conference is an informal meeting before a judge or referee where both sides discuss the case, narrow the issues, and try to settle. If it does not settle, the judge may give a non-binding opinion on the likely outcome, which often encourages resolution before trial.
Does mediation affect my right to a trial?
No. Mediation and settlement conferences are without prejudice — what you say cannot be used against you at trial. If mediation does not resolve the dispute, you keep your full right to proceed to a trial and have a judge decide.