Attending A Small Claims Settlement Conference In Ontario Courts
Attending a small claims court settlement conference can be intimidating if you haven’t done so before. Today we look at the steps involved, and the proper etiquette to get you a desirable outcome.
The Rules of the Small Claims Court outline the main purposes of a settlement conference. They state:
“13.03 (1) The purposes of a settlement conference are,
(a) to resolve or narrow the issues in the action;
(b) to expedite the disposition of the action;
(c) to encourage settlement of the action;
(d) to assist the parties in effective preparation for trial; and
(e) to provide full disclosure between the parties of the relevant facts and evidence.
O. Reg. 78/06, s. 27.”
WHAT TO EXPECT
The Parties: A Settlement Conference will consist of the Plaintiff(s) along with, any Defendants along with their paralegals or lawyers, and a Deputy Judge or referee. No witnesses are permitted since it is not a trial.
Procedure: Attendance by the parties involved is mandatory. Failure to show up can result in costs being awarded to the party that attended, or a claim being dismissed. The role of a settlement conference, is to provide parties with the opportunity to attempt to resolve their dispute. In most cases, the Judge or referee will have read and reviewed the the Claim(s) and Defense(s), in order to speed up the explanation process. Both parties will have their opportunity to explain their side of the dispute and why they feel they are just. In some cases, the Judge or referee will offer their opinions on the matter in order to help the parties come to an agreement. They will also point out the strengths and weaknesses of both sides. Settlement conferences are confidential, and anything discussed can not be used if the matter moves forward with trial.
Duration: Typically, a Settlement Conference will last between 30 and 45 minutes. If parties are able to come to an agreement then Terms of Settlement can be signed and filed with the court in the Settlement Conference. If an agreement is not possible at that time, the Judge or referee will either order an additional Settlement Conference if he or she feels that would be beneficial or can endorse the matter to proceed to trial. It is important to note that settlement is possible at any time, and is not reserved for the Settlement Conference alone.
For a more detailed information, check out the Superior Court Website, or feel free to check out our Small Claims Section of The Website.
HOW TO PREPARE FOR YOUR SMALL CLAIMS COURT SETTLEMENT CONFERENCE
After receiving a Notice of Settlement Conference from an Ontario Small Claims Court, you need to start preparing. At least three copies of any document or production you wish to rely on at trial should be made. One copy for the Plaintiff, one for the Defendant and one for the Judge or referee. If there are additional Defendants or Plaintiffs then additional copies will be needed. Having copies ready allows settlement discussions to flow more easily.
Also, it is important to have your witness list ready, filed and served on all parties within 14 days of the Settlement Conference. This will allow both parties to more accurately determine how long a trial may take if settlement is not possible. Lastly, and perhaps most importantly, have a strategy or a bottom line settlement amount in mind. Settlement Conferences rarely result in one party getting exactly what they want. It is important to be able to compromise a little bit and have a “bottom line number” going into the Settlement Conference. We advise that you communicate with your legal representative this bottom line so that they can strategize around that number. Additional tips on how to prepare can be found at the Attorney General website, or simply by contacting us.
PROPER ETIQUETTE AND BEHAVIOR
One of the most important things to be aware of when attending the Settlement Conference is the etiquette in the courtroom. Although a Settlement Conference is a more informal setting than a trial, there is still etiquette that must be followed.
First and foremost, it is important to remain calm and refrain from getting angry or yelling. Small Claims disputes can be frustrating but it is important to have civil communication at a Settlement Conference.
Triangle System: We use the triangle system, meaning all communication is directed toward the Judge or decision maker, not the other party or parties. This maintains a calm tempo, preventing parties from getting angry or upset and yelling at each other.
The Judge or decision maker is addressed as “your Honour” unless instructed otherwise. Alternatively, the clerk should always be addressed as “Madam Clerk or Mister Clerk”.
Timing: We like to arrive early to the Settlement Conferences. The court clerk will often check parties in at least 10-15 minutes prior to the Settlement Conference start time. Some courthouses schedule multiple Settlement Conferences at the same time and deal with the more pressing matters first. You should check in when the clerk is inquiring about which parties are in attendance, because once a Settlement Conferences begins, the door is usually closed. A settlement conference should never be interrupted, so if you are late to check in with the clerk you must wait until there is another opportunity to do so.
LET'S WRAP UP!
Settlement Conferences are a very important step in the Small Claims process. They provide a great environment to promote settlement. This provides the parties with a stable environment to voice their grievances and come to a resolution. Settlement Conferences are adjudicated by a Judge or a court appointed referee but this is not a trial in any form. It is important to prepare for the Settlement Conference by having documents, witness lists and a strategy ready in advance of the conference. Lastly and equally as important is etiquette during the conference. All communication should be directed toward the judge to avoid hostility and it is important to listen to what both the judge or referee and the other party is saying. If settlement is possible for your dispute, it will likely place at the Settlement Conference. If used correctly, this mandatory tool is effective in saving all parties time, stress and money by avoiding a trial.
For more information on how www.ParaCanLegal.com can help you with your Settlement Conference or legal matter, fill out our contact form, or call us today to speak with a Small Claims Paralegal.
ParaCan Legal Services
6-151 Toryork Drive
Toronto ON
M9L 1X9
(647) 501-5771
Small Claims Paralegal Toronto