Mediation, Pre-Trial Conferences, and Trial

Flowchart of the civil claim process, including mediation.

If the defendant files the Dispute Note, the court office will set the time, date and place for the appearance. The matter may be scheduled for mediation, pre-trial conference, or trial. The court office will send a Notice of Hearing and a copy of the Dispute Note to all the parties.

Mediation and pre-trial conferences are available at some court locations. Contact the court office to see if either of these options are available in your area. A notice of the date and time of the appearance is sent to all parties and attendance is mandatory. Bring with you any relevant documents and witnesses are not allowed to attend.

Mediation
Mediation is an informal private method in which the parties resolve the dispute by reaching an agreement with the assistance of a mediator(s). Both parties are given an equal opportunity to describe and discuss the sources of conflict and are assisted by neutral mediators in reaching a mutually acceptable solution. If the matter cannot be resolved at a mediation session the matter will then be set for a hearing before a judge and parties will be notified in writing of the date and time.

For more information on mediation, visit the Provincial Civil Mediation website.

Pre-trial conference

Pre-trial conferences are an informal hearing between the parties and a judge, at which time each party will be given an opportunity to set out their position and attempt to reach a resolution. If no resolution can be reached the judge will direct the matter proceed to trial and may issue such pre-trial orders, as may be necessary.

The appearance will be held at the courthouse nearest to:

  • where the cause of action arose; or
  • the place where the defendant or one of the codefendants resided or carried on business at the time the Civil Claim was issued.

Trial

The appearance will be held at the courthouse nearest to:

  • where the cause of action arose; or
  • the place where the defendant or one of the codefendants resided or carried on business at the time the Civil Claim was issued.