Mediation and Alternative Dispute Resolution in Nova Scotia Small Claims

ADR Options in Nova Scotia Small Claims Court

Not every small claims dispute needs a full hearing. Nova Scotia's Small Claims Court encourages parties to resolve matters before trial day, and adjudicators have the authority to order pre-hearing settlement conferences in complex cases. Understanding your options can save months of waiting and the stress of a courtroom appearance.

Settlement Conferences and Preliminary Teleconferences

An adjudicator may order a pre-hearing settlement conference or preliminary teleconference, particularly in cases involving large amounts, multiple issues, or parties who seem close to agreement. These conferences are managed by the adjudicator and aim to narrow the issues, identify common ground, and push both sides toward a resolution.

Settlement conferences are not mandatory across all Nova Scotia court registries — they're ordered at the adjudicator's discretion. If your case is relatively straightforward (a clear unpaid invoice, a simple contract dispute), it may proceed directly to a hearing without any preliminary conference.

Private Mediation

Both parties can agree to use a private mediator at any time — before filing a defence, after filing, or even after a hearing date has been set. The mediator is a neutral third party who facilitates negotiation but doesn't impose a decision. Both sides must agree to participate and how to cover the mediator's fees.

Before the session, confirm with the mediator what confidentiality terms apply and what can be shared if mediation fails.

The downside is cost. Private mediators in Nova Scotia typically charge hourly rates, and both parties split the fee. For lower-value claims, the mediation cost may not be proportionate.

Free Mediation and Legal Information Services

The Legal Information Society of Nova Scotia (LISNS) offers free legal information and community mediation services. Its Small Claims Court Navigators help self-represented parties understand their options, though navigators cannot provide legal advice, draft documents, or speak for you in court.

Ask LISNS about available community mediation services for your dispute.

Formalizing a Settlement

If mediation or direct negotiation produces an agreement, it must be filed with the court to be legally binding. Two mechanisms work:

A Consent Order is the stronger option. Both parties draft the settlement terms — who pays what, by when, and in what instalments — sign it, and submit it to the court registry. Once an adjudicator signs the Consent Order, it becomes an enforceable court order. If the other side doesn't follow through, you can take the Consent Order to Sheriff Services for enforcement, the same as any other court judgment.

A Notice of Withdrawal can be used when the settlement involves an immediate lump-sum payment or other compliance. The claimant should file it with the court before the hearing date to cancel the hearing and close the case.

Never rely on a handshake or verbal agreement. If you reach a deal but the claimant doesn't file the proper paperwork and the hearing date arrives, the adjudicator — who knows nothing about your private agreement — can proceed in your absence and enter a default judgment.

When ADR Makes Sense

Mediation and settlement work best when both sides have something to gain from avoiding the hearing. If you owe part of what's claimed and the real dispute is about the amount, a negotiated payment plan can be cheaper and faster than court for both parties. If the claim is baseless and you have strong evidence, there's less incentive to negotiate — but even then, the time cost of a hearing may justify a modest settlement offer.

For the full defence process in Nova Scotia Small Claims Court — including what happens if mediation fails and the case goes to a hearing — the Nova Scotia Small Claims Response Guide covers every step.

See more Nova Scotia guides →