The settlement conference

What this stage is

A settlement conferenceSettlement conferenceA meeting with a judge or court official to try to settle the case and prepare it for trial. It is held within 90 days after the first Defence is filed (Rule 13.01).Close definition of Settlement conference is a meeting between both sides and a judge or other court official [VERIFY: who presides]. It is not a trial. Nobody wins or loses. The goal is to:

• help both sides settle the case, if they can
• narrow down what is really in dispute
• make sure everyone has shared their documents and evidenceEvidenceAnything used to prove a fact in court, such as documents, photos, messages and what witnesses say. The judge decides the case based on the evidence.Close definition of Evidence
• prepare the case for trial if it does not settle

The settlement conference is held within 90 days after the first defenceDefenceThe defendant's written answer to a claim, saying what they agree with, what they dispute and why. In Small Claims Court it is Form 9A.Close definition of Defence is filed (Rule 13.01). Many cases settle here or soon after. It is often your best chance to end the case without a trial.

What you need to do

1. Watch for the notice

The court will send you a notice with the date, time and how to attend [VERIFY: whether conferences are in person, by phone or by video]. If you need a different way to attend, see Form 1B: Request to Change Attendance Method.

2. Serve and file your documents

At least 14 days before the settlement conference, serve on every other party, and file with the court, copies of:

• every document you plan to rely on, such as contracts, invoices, photos and messages
• your expert reports, if any [VERIFY: whether expert reports are listed in Rule 13.03]
• your List of Proposed Witnesses (Form 13A), with the names and contact details of people who may give evidence for you

This is required by Rule 13.03. Sharing your documents early also shows the other side the strength of your case.

3. Prepare a short summary

Write one page that covers:

• what the dispute is about, in two or three sentences
• the key facts, in date order
• how much you are asking for, or why you owe nothing
• what you would accept to settle

You do not have to show this page to anyone. It keeps you focused when you feel nervous.

4. Think about settlement

Before the conference, decide what you could live with. Think about the risks of going to trial: the time off work, the stress, the cost, and the chance you could lose. A fair deal now can be better than a perfect result that takes another year.

You can make a formal offer to settleOffer to settleA written offer to end the case on certain terms, made on Form 14A. An offer served at least 7 days before trial can affect the costs the court orders (Rule 14).Close definition of Offer to settle on Form 14A. An offer made in the right way, and served at least 7 days before trial, can affect the costsCostsMoney the court may order one side to pay the other for expenses of the case, such as court fees. Costs are separate from the amount claimed, and there are limits on them [VERIFY].Close definition of Costs the court orders later (Rule 14).

At the conference

• Be on time, and bring copies of your documents.
• The person running the conference may ask each side questions, point out strengths and weaknesses, and suggest a fair outcome.
• Be calm and polite, even if you strongly disagree.
• What is said to try to settle is generally kept private and is not used at trial [VERIFY].
• If you reach a settlementSettlementAn agreement between the parties that ends the dispute, usually with one side paying or doing something. A settlement means no trial is needed.Close definition of Settlement, make sure the terms are written down, clear and signed [VERIFY: how settlements are recorded].

The person running the conference can also make some ordersOrderA decision by a judge or the court that tells someone to do, or not do, something. A judgment is one kind of order.Close definition of Order to keep the case moving [VERIFY: powers at a settlement conference].

If the case does not settle

If the case is not resolved within 30 days after the settlement conference, a party must request a trial date and pay the fee (Rule 13.07). The fee to set a trial date is $308. Check the current fee with the court officeCourt officeThe office at the courthouse where you file documents, pay fees and ask about your case. Staff can explain procedures but cannot give legal advice.Close definition of Court office.

Plaintiffs, remember: the clerk can dismiss a case for delay if it is not finished, and no trial date has been requested, by the second anniversary of the day it started (Rule 11.1.01).

The deadlines at this stage

• Conference held: within 90 days after the first Defence is filed (Rule 13.01).
• Documents and witness list: served and filed at least 14 days before the conference (Rule 13.03).
• Trial date request: if not resolved within 30 days after the conference (Rule 13.07).

Forms

• Form 13A: List of Proposed Witnesses
• Form 14A: Offer to Settle
• Form 1B: Request to Change Attendance Method

Common mistakes

• Missing the 14-day deadline. Late documents may cause delays, or extra costs [VERIFY].
• Not bringing copies. Bring enough copies of your documents for everyone [VERIFY: number of copies required].
• Treating it like a trial. It is a working meeting. Listen as much as you talk.
• Refusing to move at all. Small steps toward the middle often lead to a deal.
• Agreeing to vague terms. Know exactly who pays what, by when, and what happens if they do not.

What happens next

If you settle, the case can end once the terms are done. If not, go on to Preparing for trial.

Need to go back? See Responding to a claim.