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Articles in this section are of general information and in every situation are subject to the application and interpretation of a law, rule or factual situation that may differ. Consult us for any specific question.

The Settlement Conference

April 20, 2022

Justice must respond to the needs of citizens and it offers different services, including the settlement conference. An alternative dispute resolution method to consider or not?

The settlement conference is similar to mediation, the only difference being that a judge takes on the role of mediator. The judge cannot decide for the parties, he is there to help them reconcile their positions and find a solution in order to settle the dispute and avoid a trial.

To be able to participate to a settlement conference, you must already be involved in legal proceedings and apply to the court to do so. It is an entirely voluntary process, therefore, all parties to the legal dispute must agree to participate in the settlement conference.

Why not settle the case before going to court?

Often, the other party will not consider the seriousness of a claim until after the litigation has begun. It is only then that they realize what is at stake in an upcoming trial and are more open to discussion.

What are the advantages of participating in a settlement conference?

Free: There is no additional cost to participate in a settlement conference. Of course, you must pay your lawyer’s fees, but there are no other costs.

Simple: By agreement with the other party, you submit a request for Settlement Conference form and wait for a date to be set. In addition, since the Covid-19 pandemic, settlement conferences have been offered by videoconference, which facilitates the entire process.

Fast: The duration of a settlement conference is generally one day and, depending on the participants’ schedule, it can be scheduled in the weeks or months following the request. It is not subject to any judicial delay and can take place at any time before the trial.

Economical: By avoiding trial, significant costs are avoided in preparing for and conducting the trial. In addition, the success rate of settlement conferences is impressive : 80%.

Therefore, participating in a settlement conference should be seriously considered and we invite you to contact us if you wish to discuss it.