All The Claims and Disputes Have Been Filed, What Happens Next?
Will I be notified of what happens next?
Yes. You will receive a Notice or letter sent to your address for service from the Court setting out the next step in the action.
The next steps may include: Mediation, Pre-Trial Conference, Simplified Trial, Trial or an invitation to participate in a Binding Judicial Dispute Resolution. These are called “Resolution Tracks” Your attendance is required at the time, date and location set out in the Notice or letter.
Does anyone assist in getting the Civil Claim resolved?
Yes. The Civil Mediation Office, (where available) will review the Court file to determine if the action will proceed to a Mediation.
What happens if the action proceeds to Mediation?
A Mediation is typically booked within three months from when the last Dispute Note was filed. The Civil Mediation Office will notify all parties in writing at their addresses for service of the date, time and location for the Mediation. If you are unable to attend the Mediation, you should immediately contact the Mediation Office. All parties are required to attend Mediation and may bring a lawyer or agent with them.
Parties, with the help of one or two mediators, will be given the opportunity to reach a Mediated Agreement which will settle the Civil Claim.
Action is Resolved at Mediation:
Parties will enter into a Mediated Agreement signed by all parties.
- Upon the terms of the Mediated Agreement being completed, the action is resolved and a Notice of Withdrawal of the Civil Claim and / or Counterclaim must be filed with Provincial Court.
- If the Mediated Agreement is not completed, typically the Plaintiff or Defendant may apply to Court to enforce the Mediated Agreement and / or request Judgment.
Action is Unresolved at Mediation:
The file will be returned to Provincial Court to continue with the Court process and it will be reviewed by the Court to determine the next appropriate Resolution Track.
The Action is not selected for Mediation:
The file will be returned to Provincial Court Office to continue with the court process and it will be further reviewed by the Court to determine a Resolution Track.
Who reviews the file if it is not selected for Mediation or is not resolved at Mediation?
The file will be reviewed by the Court and will be assigned a Resolution Track. A file may be selected for resolution tracks such as a Pre-trial Conference, Simplified Trial, Trial or the parties may be invited to participate in a Binding Judicial Dispute Resolution.
All parties will be notified in writing of the Resolution Track. This Notice will be sent to all parties at their addresses for service and will include the time, date and location for the parties to attend in Court. The Notice may contain steps for the parties to complete prior to attending Court.
Is there more information on Mediation or resolution tracks?
Yes. For more detailed information on the various types of Resolution Tracks review the sections called, Resolution Tracks: Are There Different Ways a Claim Can Be Resolved? or Provincial Court Civil Claims Mediation Program.
Can I request to change the resolution track?
Yes. At any time either the Court may decide to select a different resolution track or you can make an application to change the resolution track.