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Is Mediation Available or Required in Small Claims Court?

Ontario's Superior Court has a well-known mandatory mediation program. Small Claims Court's relationship with mediation is genuinely different — here's the honest picture.

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Mediation comes up a lot in general discussion of Ontario's court system, largely because of the Superior Court of Justice's well-known Mandatory Mediation Program in cities like Toronto, Ottawa, and Windsor. It's a reasonable question whether something similar applies in Small Claims Court — and the honest answer is: generally not in the same way.

Not the same program as Superior Court

The Superior Court's Mandatory Mediation Program generally doesn't extend to Small Claims Court matters. If you've heard about mandatory mediation from a friend's experience with a larger civil case, that's very likely a reference to this separate Superior Court program, not something that automatically applies to your Small Claims Court case.

What actually applies in Small Claims Court

Small Claims Court generally doesn't have a uniform, province-wide mandatory mediation requirement the way the Superior Court does. That said, practices can vary somewhat by courthouse, and some locations may offer or encourage a local mediation option as part of their own process. Confirm directly with the specific court office handling your case whether any mediation program is offered there, rather than assuming either that it is or isn't available.

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The settlement conference does similar work

Instead of a separate mediation step, Small Claims Court relies heavily on the settlement conference — a required step, presided over by a judge, that exists specifically to explore resolution before a case proceeds further. See inside a settlement conference for a full walkthrough of how that actually works. For many cases, this functions as the practical equivalent of what mediation accomplishes elsewhere.

Arranging mediation privately

Nothing prevents the parties in a Small Claims Court case from agreeing, on their own, to try private mediation at any point — before filing, after filing, or even after a settlement conference hasn't resolved things. This generally requires both sides to be willing, and typically comes with its own cost, since it isn't part of the court's own free process the way a settlement conference is.

Why it can still be worth considering

Even without a mandatory program, resolving a dispute before trial — whether through a settlement conference, a direct negotiation, or private mediation — generally saves time, cost, and uncertainty compared to proceeding all the way to trial. See weighing a settlement offer for a more structured way to think through whether a proposed resolution makes sense.

Frequently asked questions

Is mediation mandatory in Ontario Small Claims Court?

Generally not as a uniform, province-wide requirement, unlike the Mandatory Mediation Program that applies in parts of the Superior Court of Justice. Some courthouses may offer or encourage local mediation options, so confirm what's available at the specific court handling your case.

Is a settlement conference the same thing as mediation?

No. A settlement conference is a required step presided over by a judge, focused on exploring resolution and procedural next steps. Mediation, where available, is typically a separate, more informal process.

Can I propose mediation to the other side even if it isn't required?

Yes — nothing stops the parties from agreeing to try mediation privately at any point, even outside a formal court program, if both sides are open to it.

Does trying mediation first hurt my case if it doesn't work?

Not generally — an unsuccessful mediation attempt doesn't typically prevent you from proceeding through the regular court process afterward.

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