Content updated on June 25, 2024.
Do you have a Small Claims file? Under certain conditions, you may be eligible for mediation or arbitration.
Small Claims settlement
The Small Claims Division of the Court of Québec is commonly called "Small Claims Court." This court hears admissible applications where the amount in dispute is $15,000 or less, concerning:
- Debts you are owed
- Personal and property damage
- Cancelled, rescinded or terminated contracts
- A claim for property valued at $15,000 or less
- Proceedings against a Government of Québec department or agency
- Appeals of some Revenu Québec decisions.
Unlike the Small Claims trial, which is public, mediation or arbitration is private, at a location agreed by the parties or virtually. Often, this single session, which is free of charge, makes it possible to avoid a formal trial before a judge. This speeds up and simplifies resolution of the dispute.
Mediation
In mediation, the two parties attempt to settle the dispute amicably. A neutral mediator appointed by the courthouse moderates the exchanges:
- You must present your evidence, but witnesses are not allowed.
- The session may lead to a negotiated agreement between the parties.
- Any agreement is made during the session and remains confidential.
- The agreement is ratified by the court. If no agreement is reached, the case goes to arbitration or trial.
Throughout Quebec, Small Claims mediation is offered on a voluntary basis for cases over $5,000. If you opt for mediation before going to court, your case can be given priority.
In some judicial districts, mediation is mandatory for cases of $5,000 or less.
Mandatory mediation in Small Claims cases is gradually being introduced across Québec. It came into force in the judicial districts of Laval, Longueuil, Richelieu, Saint-Hyacinthe, Québec, Beauce and Iberville on June 11, 2024.
When mediation is mandatory, you must attend unless you have been exempted. If you fail to show up, you may have to pay damages. The case will automatically be transferred to arbitration or trial.
Arbitration
Arbitration replaces the trial. A neutral arbitrator appointed by the courthouse moderates the session:
- You must present written statements from your witnesses.
- The session leads to an award imposed by the arbitrator.
- All awards are public and are released within 30 days.
- The decision is final and the file is closed.
Arbitration is never compulsory. You may refuse to take part within 30 days of being summoned. It will then be up to the judge to decide your case.
Any questions or problems?
To find out more about Small Claims arbitration or mediation, visit Quebec.ca.
Are you dissatisfied with the quality of the services you receive? Use these recourses to lodge a complaint against:
- An arbitrator: the Québec Bar;
- A mediator: the mediator’s professional association;
- A judge of the Court of Québec: the Conseil de la magistrature du Québec;
- A court staff member (clerk, information officer, etc.) employed by the Ministère de la Justice: the Protecteur du citoyen.
Please note! The above appeal mechanisms cannot be used to overturn a decision stemming from legal proceedings.
