Nunavut Small Claims Mediation and Settlement Conference: What to Expect

Once all Replies are filed, the Clerk schedules mediation within a reasonable period. Nunavut's Small Claims Rules require every party to attend mediation before trial unless the Court exempts the parties. Most people underestimate this step, but a well-prepared mediation can end your case months earlier than a trial would.

How Mediation Works

The Clerk schedules mediation after the Notice of Claim and Reply are on file. The mediator presides. The session brings both parties together to:

• Discuss each side's version of events
• Narrow down the issues that are actually in dispute
• Evaluate the strength of each party's evidence
• Explore whether a compromise is possible

Matters discussed or disclosed in mediation are confidential and without prejudice, unless the parties agree otherwise. You can make concessions during negotiation ("I'd accept $6,000 instead of $8,500") without worrying that the judge will hold them against you later.

What to Bring

Prepare as if you were going to trial, even though the goal is settlement:

• All your evidence — contracts, invoices, receipts, photos, text messages, bank statements. Showing the other side the strength of your evidence is often what pushes them toward settling.
• A clear financial breakdown — know exactly what you are claiming and be ready to explain each line item.
• A realistic settlement range — decide beforehand what your best outcome is, what you would accept, and what your walk-away point is. Do not go in without a number in mind.
• Authority to settle — if you are representing a business, make sure you have the authority to agree to a deal on the spot. Nothing derails mediation faster than "I need to check with my partner."

If Settlement Is Reached

When the parties reach a settlement at mediation, they complete a Settlement Agreement (Form 7), which the mediator files at the Court. If a party does not comply with its terms, the other party may apply for summary judgment in accordance with the agreement.

Make sure the written agreement is specific: the exact dollar amount, the payment schedule (if applicable), what happens if a payment is missed, and any other terms you negotiated.

If Settlement Fails

If mediation does not produce a full agreement, the court sets the matter down for trial. Mediation still has value: both sides now know the other party's position and evidence, which often leads to informal negotiations before the hearing date. Sometimes cases settle in the weeks between the failed mediation and the trial.

The Offer to Settle (Form 8A)

Either party may serve and file a written Offer to Settle (Form 8A) at least 10 clear days before trial. An offer can still be served during the final 10 days before the judge's decision, but Rule 13.6 does not apply to it.

If a claimant's offer is rejected and the claimant later obtains a judgment as favourable as or more favourable than the offer, the Court may award costs to the claimant. If a defendant's offer is rejected and the claimant later obtains a judgment as favourable as or less favourable than the offer, the Court may award costs to the defendant.

Use an Offer to Settle strategically. If you are confident in your case but want to avoid the time and expense of a trial, serving a reasonable offer puts pressure on the other side to settle because Rule 13.6 may affect costs if the judgment meets the rule's thresholds.

Practical Tips for Mediation in Nunavut

Circuit court timing. Schedules can differ between circuit court sittings. Ask the Registry whether mediation and trial are scheduled for the same day in your community.

Teleconference availability. If the parties are in different communities, ask the Civil Registry whether mediation can be conducted by phone or video.

Be prepared to listen. Mediation works best when both sides feel heard. Even if you believe the other party is completely wrong, listening to their position can reveal weaknesses in their case — or a settlement angle you had not considered.

Keep emotions out of the room. The mediator is not there to decide who is right. They are there to help both sides find middle ground. Getting angry or making personal attacks shuts down negotiation.

The Making a Small Claim in Nunavut guide covers mediation preparation, including a settlement range worksheet and guidance on when an Offer to Settle makes strategic sense for your situation.

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