Updated: August 2023
You filed a Notice of Claim (if you’re suing someone) or a Reply (if you’re being sued) in small claims court and now you’ve received a notice that you must attend a settlement conference. This article explains what settlement conferences are, how you should prepare, and what might happen there.
What is a settlement conference?
A settlement conference is a chance for you and the other party or parties (the people named in a lawsuit: the claimant, defendant, and any third parties) to meet with a judge to discuss your case and see whether it’s possible to settle your dispute without having a trial.
Your settlement conference will take place remotely. That means that you don’t go to the courthouse - you will be at home on your computer and the judge will be in their office or a courtroom. It’s a less formal proceeding than a trial. The judge may be wearing business clothes rather than court robes. You can have a lawyer attend the settlement conference remotely with you if you have one, but it’s not necessary.
How do you know if you have to attend a settlement conference?
The court registry will send you a Notice of Settlement Conference at least 28 days before the date of the settlement conference. Once you have been notified, you must attend. If you don’t attend the settlement conference the judge may dismiss your claim if you are a claimant, or make a payment order against you if you are a defendant.
Can you change a settlement conference date?
If you cannot attend a settlement conference, you will need to do one of two things:
- If the other party agrees to change the date of the settlement conference, you need to file a form with the court registry to change the date.
- If the other party does not agree to change the date of the settlement conference, you must file an application to the court registry to change the date at least 7 days before the settlement conference.
Form: Form 16
Rules: Rules 7 (7) and (8) of the Small Claims Rules
How do you attend a settlement conference?
Generally, everyone attends the settlement conference on a computer or smart phone using Microsoft (MS) Teams for an audio-conference or video-conference or by telephone.
Before your settlement conference, be sure to read the rules you must follow when attending remotely:
• NP 21 Remote Attendance in the Provincial Court
• Policy on Use of Electronic Devices in Courtrooms (applies to remote proceedings)
• Access to Court Proceedings Policy
This guide will help you connect and manage your remote conference:
What if you can’t attend remotely?
If you would like to ask to attend the settlement conference in person you must complete an application and file it at the court registry before the settlement conference.
Form: Form 16
Rules: Rule 16 (1) to 16 (3) of the Small Claims Rules
Practice Direction: SM CL 02 Default Method of Attendance for Court Appearances Under the Small Claims Rules.
What happens at a settlement conference?
The judge may begin with introductions and an explanation of how they will conduct the conference. They may ask each party, beginning with the claimant (the person bringing the lawsuit), to briefly explain the problem that brings them to court. This is a chance to give a short summary or overview of the facts, not a long, detailed presentation of all the evidence.
The judge may ask both parties questions so they can understand the legal issues and each party’s goals. Then the judge may spend some time helping you discuss settlement possibilities. If you and the other party are able to agree on a way to settle the lawsuit, the judge can record your agreement or make the orders you agree on, and put an end to the lawsuit.
If it seems that the parties are unlikely to agree, the judge will discuss what the parties need to do to get ready for a trial. The judge can make orders for the parties to exchange copies of documents or other evidence. They can also make other orders about how the trial will proceed.
The judge will likely ask how many witnesses you are planning to bring to court for the trial. Knowing this helps the judge estimate the amount of court time needed for your trial. If the time estimate is one day or longer (a half day in some courthouses), you may be required to return to court for a trial conference to make sure that you are ready for trial.
How should you prepare for a settlement conference
The more preparation you do before the settlement conference the better. Before the settlement conference you should:
• Gather your facts and think about how you could prove them.
• Collect any documents, reports and photographs that are relevant to the dispute.
• Read the guidelines about the length and format of documents and reports submitted at a settlement conference in Practice Direction SM CL 03.
• Submit any relevant documents, reports and photographs to the court registry at least 14 days before the settlement conference.
• Serve all relevant documents, reports and photographs on the other party(ies) at least 7 days before the settlement conference. The page limit for documents submitted to the Court does not apply to what you should provide to the other party(ies).
• Think about what you really want from the case, what the other party(ies) may want, and whether there are any solutions that might satisfy you both.
It is also a very good idea to talk to a lawyer about your case before the settlement conference. A lawyer can assess your chances of success if your case goes to trial, tell you about additional evidence you will need, and suggest reasonable possibilities for settlement.
What’s the best way to organize your evidence?
Having your evidence organized before the settlement conference may encourage the other party(ies) to settle. It will also save you work later on if you must go to trial.
It’s best to prepare these items before the settlement conference:
• Statement of facts in the order events happened in numbered paragraphs.
• A list of people who have information and will attend trial, and a brief summary of what each of these witnesses will say when they testify at the trial.
• Details of your claim or counterclaim calculation.
• Documents that are relevant to your case (contracts, cheques, work orders, invoices, etc.).
• Photographs that make your descriptions clearer (if any).
• Repair estimates (if any).
• Expert reports (if any).
• Any legal research that you have done.
• Any other evidence you think is helpful to your case.
To prepare this information:
• Collect your documents and put them together in an organized fashion. Include a list of contents for the documents you submit electronically for the settlement conference.
• Type documents you prepare for the Court, if possible.
More information
• Getting Ready for court – a BC Ministry of Justice Small Claims procedural guide
• Small Claims BC – Settlement Conferences – Justice Education Society video
• Getting the most from your Small Claims Settlement Conference – more detailed information from the Provincial Court.
• Getting a Lawyer – help finding a lawyer or legal advice (including free or low cost options).
Photo credit: 1st photo by Chris Liverani on Unsplash
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