Settlement Conference and Mediation in Saskatchewan Small Claims Court

The Case Management Conference Is Where Most Cases Settle

In Saskatchewan Provincial Court, contested small claims don't go straight to trial. After you file your Form B, the first hearing is a Case Management Conference (CMC) — a mandatory, informal session run by a judge or justice of the peace. No sworn testimony is taken. The primary goal is seeing whether the dispute can be resolved without a full trial.

CMCs typically last 45 minutes to 2 hours, depending on the complexity of the case and how far apart the parties are.

What Happens During the CMC

The judge reviews the claim and your Form B reply, then asks each side to explain their position. This isn't a trial — it's a conversation. The judge may point out weaknesses in either side's case, suggest a reasonable settlement range, and explore whether the parties can agree on terms.

If the plaintiff claims C$8,000 for defective renovation work and you have repair estimates showing C$3,000 in legitimate deficiencies, the judge might encourage a settlement around the difference. Both sides have to weigh the cost and unpredictability of going to trial against the certainty of a negotiated outcome.

How Settlement Gets Recorded

When the parties reach an agreement, the judge records it as a binding Consent Judgment. If the other side doesn't comply, the judgment can be taken through the usual enforcement steps.

If the plaintiff drops the claim entirely as part of the settlement, a Notice of Discontinuance is filed instead, which closes the court file.

Confidentiality of Settlement Discussions

Settlement discussions during the CMC are confidential and cannot be introduced as admissions at trial if negotiations fail.

This protection is specifically designed to encourage honest negotiation. You can explore settlement options at the CMC without worrying that those discussions will be introduced as admissions during trial.

What to Bring

Even though the CMC isn't a trial, you need to come prepared. Under section 12(4) of The Small Claims Act, 2016, both parties are required to bring all relevant documents — contracts, invoices, photographs, text messages, receipts. Organize them chronologically and follow any court directions about providing copies.

The judge uses these documents to assess the strength of each side's position and guide settlement discussions. Showing up with a well-organized evidence package signals that you're prepared to go to trial if necessary — which often motivates the other side to settle.

When Mediation Gets Ordered

In some cases, the judge may refer the parties to a separate mediation session or an additional settlement conference, particularly in complex disputes or when the parties seem close to agreement but need more time. The court will give directions about any referral and scheduling.

The Saskatchewan Small Claims Response Guide includes a hearing preparation checklist and settlement calculator to help you walk into the CMC with a clear picture of your position.

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