Yukon Small Claims Pre-Trial Settlement Conference: What to Expect

What a Pre-Trial Settlement Conference Is

When a defendant files a Form 02 – Reply disputing your claim, the Yukon Small Claims Court registry schedules a mandatory pre-trial settlement conference before anything goes to trial. This is not a formality you sit through — it is where a significant number of small claims cases end.

The conference is presided over by a Territorial Court judge or a Justice of the Peace in an informal, confidential setting. It is not a trial. The presiding officer helps both parties understand the strengths and weaknesses of their positions and works toward a resolution. If the parties agree, the judge or Justice of the Peace can issue a binding order; otherwise, the matter proceeds toward trial.

Both parties (and their lawyers or agents, if they have them) are required to attend. Unexcused absence has consequences: if the claimant does not show up, the claim can be dismissed. If the defendant does not show up, their reply can be struck and the court can grant default judgment.

How to Prepare

Preparation for the settlement conference is nearly identical to preparation for trial — because if the conference fails, trial is the next step.

Bring all your documents. Contracts, invoices, receipts, photographs, emails, text messages, repair estimates, and any other evidence supporting your claim. Organize them chronologically and bring three identical sets — one for yourself, one for the other party, and one for the judge. The judge may ask to see specific documents during the discussion.

Know your bottom line. Before you walk in, decide the minimum amount you would accept to settle. You do not have to share this number with anyone, but having it clear in your own mind keeps you from agreeing to something you will regret or rejecting a reasonable offer out of stubbornness.

Prepare a brief summary. The judge will ask each party to explain their position. Have a clear, concise version ready: what happened, what you are owed, why, and what you have to prove it. Two minutes is enough — save the detailed evidence presentation for trial.

Be realistic about risk. Neither side has a guaranteed win at trial. The judge mediating the conference will point this out. A settlement that gives you 80% of your claim today may be better than a trial that gives you 100% in six months — or 0% if things go badly.

What Happens at the Conference

The judge opens by explaining the purpose and ground rules. Each party gives their brief summary of the dispute. The judge may ask questions to understand the issues.

Then the actual mediation begins. The judge may meet with each party separately (a "caucus"), or keep everyone in the room and work through the issues together. The judge will identify where the parties agree, where they disagree, and whether there is room for compromise.

Common settlement outcomes include:

• Full payment. The defendant agrees to pay the full claimed amount, sometimes on an instalment schedule.
• Reduced settlement. Both sides compromise — the claimant accepts less than the full amount, the defendant pays more than they initially offered.
• Instalment plan. The defendant admits owing the money but cannot pay in a lump sum. The judge formalizes a payment schedule using Form 12 – Pre-Trial Consent Order or Form 11 – Consent Order.
• No settlement. If the parties cannot agree, the judge issues procedural directions for trial preparation, and the claimant files Form 15 – Notice of Trial ($50 fee) to set the matter down for hearing.

Any agreement reached at the conference is recorded as a binding court order. This is not a handshake deal — it is enforceable through the same mechanisms as a trial judgment, including garnishment and seizure.

If the Conference Fails

No settlement is not a defeat — it simply means the matter proceeds to trial. The conference is confidential. If you have a specific concern about whether a statement or document can be used later, ask a Yukon lawyer before the conference.

After the conference, file Form 15 with the $50 trial fee and the registry assigns a trial date. From this point, you prepare your evidence and witnesses for a formal hearing.

The Making a Small Claim in Yukon guide walks through settlement conference preparation, trial procedure, and enforcement — everything you need from the moment a reply is filed through to collecting your judgment.

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