
The settlement conference in civil cases
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The Court of Québec offers individuals or companies involved in a civil case the possibility of resolving their dispute through a settlement conference.
WHAT IS a settlement conference ?
A settlement conference is a dispute resolution mechanism that allows the parties in a civil case to resolve their dispute outside the courtroom in a more harmonious way, while saving both time and money.
WHEN can a request for a settlement conference be made ?
A request for a settlement conference can be made at any point in the judicial process, but preferably before the case is heard in court.
HOW does a settlement conference work ?
The conference is held behind closed doors, using flexible rules that are designed to facilitate the resolution of the dispute.
The settlement conference is presided by a judge of the Civil Division. The parties are present, and may be assisted by an attorney.
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HOW MUCH does the service cost ?
The service itself is provided free of charge. However, if the parties are not eligible for legal aid, they must agree with their attorney on how much the attorney will be paid for attending.
HOW and WHEN does the settlement conference end ?
If the conference leads to a solution to the dispute, and agreement is drawn up and signed by the parties and their attorneys, if applicable. If the agreement is consistent with the principles established by law, it is submitted to the relevant court, where the judge ratifies it and makes it executory.
If the conference does not lead to a solution, the judge who directed the conference cannot preside at the ensuing court hearing, which will be heard by another judge.
The judge, as well as the parties and their attorneys, undertake to respect the confidentiality of any information disclosed during the conference.
HOW to request a settlement conference ?
To request a settlement conference, the parties must complete the form "Joint request for a settlement conference", available on the Québec court website, in the Court of Québec section, and also available at courthouses. It must be signed by all the parties and sent to the clerk's office of the Civil Division at the courthouse concerned.
A party wishing to propose the holding of a settlement conference without having consulted the other parties may do so by writing to the clerk of the Civil Division at the courthouse concerned. The clerk's staff will check whether the other party is willing to take part in the conference. If so, a form will be sent to all parties and their attorneys to be signed.
To see the operating rules
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