NWT Mandatory Settlement Conference: How to Prepare

Every Disputed Claim Goes Through Mediation First

In the Northwest Territories, no small claims case goes straight to trial. After both the Statement of Claim (Form 1) and Statement of Defence (Form 2) are filed, the registry schedules a mandatory judicial mediation session. A Territorial Court judge presides over it.

This is not optional. Both parties must attend. If you live in an isolated community and cannot attend in person, you may apply in advance to participate by telephone or video using Form 40 (Application to Judge).

What Happens During the Session

Judicial mediation is a structured settlement negotiation, not a trial. The judge helps both sides understand the strengths and weaknesses of their positions and explores whether a resolution is possible without going to a full hearing.

The judge may ask each party to explain their version of events, point out potential problems with either side's case, and suggest settlement figures. Nothing said during mediation can be used as evidence if the case proceeds to trial — the session is entirely confidential and without prejudice.

One critical rule: the judge who presides over your mediation is legally disqualified from hearing your trial. If mediation fails, a different judge handles the trial. This means you can speak candidly without worrying that admissions will bias the trial judge.

What to Bring

Arrive with everything you would bring to trial:

• All relevant documents — contracts, invoices, receipts, written estimates, bank statements
• Photos and physical evidence — damage photos, screenshots of text messages, email printouts
• A clear written summary of what happened and what you are asking for (or disputing)
• Copies for the judge and the other party — bring at least three sets of your key documents

Organize your materials chronologically. A judge reviewing your documents for the first time during a mediation session will follow a timeline far more easily than a stack of papers sorted by type.

Remote Attendance

Northwest Territories covers vast distances. If you live in an isolated community — Norman Wells, Behchokǫ̀, Tuktoyaktuk, Fort Simpson — or severe weather makes travel impractical, you can apply to participate by telephone or video link. File Form 40 (Application to Judge) well in advance of the scheduled date. Do not wait until the week before to make this request.

If you need an Indigenous language interpreter (Dene, Tłı̨chǫ, Inuinnaqtun, or Inuktitut) or disability accommodations, contact the court registry as early as possible so the court can arrange a certified interpreter.

If You Reach a Settlement

When both sides agree on terms, the details are written onto Form 12 (Agreement) — specific dollar amounts, payment dates, and conditions. Both parties sign it, and the judge or registry clerk approves it. Form 12 goes on the court record and is legally binding.

If the other party later fails to follow through on a Form 12 agreement, you do not need to start a new lawsuit. You file Form 15 (Affidavit of Non-Compliance) along with a draft Form 21 (Payment Order), and a judge can convert the broken agreement into an enforceable judgment.

If Mediation Fails

The registry schedules a trial date with a different judge. From that point, formal trial preparation begins — evidence disclosure, possible witness subpoenas using Form 16 (Notice to Attend), and preparation of your testimony and cross-examination questions.

How to Make the Most of It

Most small claims cases settle at mediation. Come prepared with a realistic assessment of what you owe (if anything), what the other side's case looks like from a judge's perspective, and a range of settlement figures you can live with. Being reasonable here often costs less than the time and stress of a full trial.

The NWT small claims response guide includes a settlement conference evidence index and statement organizer designed specifically for this step.

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