Court of Appeal of Quebec

Settlement and facilitation conferences

The Court of Appeal of Québec offers mediation sessions in order to resolve litigation. In civil matters, it is known as Settlement Conferences, whereas in criminal and penal matters, it is referred to as Facilitation Conferences in criminal matters.


Settlement Conference

The Court of Appeal of Québec offers to those who desire, the possibility to meet with a judge in the context of a settlement conference, in order to help litigants definitely resolve litigation. 

The Settlement Conference is FREE, RAPID, CONFIDENTIAL and based on a FLEXIBLE procedure. 

To whom is this service available?

All parties represented by counsel involved in a civil case in appeal, including family and commercial or others matters, who wish to definitively resolve their dispute.

A settlement conference necessitates the consent of all parties involved in the litigation. Consent may be required at all stages of the file under appeal, even if the factums have already been produced.  

How to apply for a Settlement Conference?

The parties and their lawyers must complete, sign and return the request form (Form to Request a Settlement ConferenceThis link open a pdf file in a new window.(6 KB)) to the Office of the Court of Appeal. When the form is received, pursuant to art. 381 C.C.P. and ss. 68-69 of the Civil Practice Regulation (Court of Appeal) the time limits applicable to the proceedings on appeal will be suspended (except the appeal time limits, art. 360 C.C.P.) and the Office of the Court will make the relevant docket entries.

Please note that incomplete forms (e.g., forms signed only by the parties but not their counsel, or signed only by counsel but not the represented party or, in the case of legal persons, forms that are not signed by an authorized representative) do not constitute notice in keeping with the second paragraph of article 381 C.C.P. (or s. 68 of the Regulation) and will not cause the time limits to be suspended. Suspension will take effect when the Office of the Court receives the duly signed and completed form. In addition, please note that it is not necessary that the signatures of all parties be on the same form: separate, complementary forms may be sent to the Office of the Court. In such cases, notice will not be considered effected and suspension will not be in force until the Office of the Court receives the final required form.

The settlement conference will be held on a date agreed upon by the parties and the judge responsible for settlement conferences.

Documents relevant to attempting to reach a settlement must be transmitted to the judge prior to the settlement conference.

How does a settlement conference work? 

A judge of the Court of Appeal presides over the settlement conference.

The procedure for the settlement conferencemay vary according to the circumstances: plenary sessions, individual caucuses, etc.

A flexible procedure is at the heart of the system. The judge remains available to the parties throughout the settlement conference.

The outcome of a Settlement Conference.

If the settlement conference leads to a solution of the litigation, an agreement is drawn up, signed by the parties and homologated by the Court with no further formality.

If the settlement conference does not lead to a solution of the dispute, no report is filed in the court record and the judge who conducted the settlement conference cannot preside on the panel that hears the appeal.

Everything that is said or occurs during an settlement conference is strictly confidential and may not be revealed either by testimony or otherwise.  

For more information

Montreal 

Court office - Court of Appeal of Quebec
Ernest-Cormier Building
100 Notre-Dame Street East
Montréal (Québec) H2Y 4B6

Phone: 514-393-2022 

Quebec 

Court office - Court of Appeal of Quebec
Palais de justice
300, boulevard Jean-Lesage
Floor 4th (4.27)
Québec (Québec) G1K 8K6

Phone: 418-649-3401

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Facilitation Conferences

The Court of Appeal of Québec offers parties represented by counsel facilitation conferences in criminal and penal matters.   

To whom is this service available?

Facilitation conferences in criminal and penal matters allow parties in a penal or criminal appeal to voluntarily seek the intervention of a judge who will facilitate the finding of a judicial solution mutually convenient to all parties and the approval by the Court.

When can a facilitation conference in criminal matters be requested?

A facilitation conference may be requested at any stage of the appeal. Authorization by a judge of the Court is needed.

What matters may a conference in criminal matters relate to?

A facilitation conference in criminal matters may consider any issue related to a criminal case, including the determination of a sentence.

When and how does a facilitation conference terminate? 

When the conference enables the finding of a judicial solution to the dispute, an agreement is submitted to a panel of three judges of the Court. If accepted, the panel renders a judments explaining the reasons for its approval. This decision is made public. In the event the facilitation conference does not result in a settlement, the facilitating judge may not preside at the appeal hearing.

Confidentiality is essential to facilitation conferences in criminal matters, and the parties must agree that all discussions that take place therein remain completely confidential.

How can a facilitation conference be requested?

The facilitating judge may preside over a facilitation conference in criminal cases upon the request of the parties represented by counsel, signed by their attorneys and accompanied by the documents they expect will be necessary for the holding of the conference. In order to do so, they must complete the form entitled Joint Request for Facilitation in a Criminal Matter (Join Request for facilitation conference in criminal matterThis link open a pdf file in a new window.(16 KB)) and return it to the Office of the Court. The facilitating judge may request additional documentation.

For more information

Montreal 

Court office - Court of Appeal of Quebec
Ernest-Cormier Building
100 Notre-Dame Street East
Montréal (Québec) H2Y 4B6

Phone: 514-393-2022

 

Quebec 

Court of Appeal of Quebec
Palais de justice
300, boulevard Jean-Lesage
Floor 4th (4.27)
Québec (Québec) G1K 8K6

Phone: 418-649-3401 

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