Working things out without court

pdf Settlement Smarts for Self-Represented Litigants: How to use Settlement Processes Knowledgeably & Effectively(1.95 MB)

This guide from Dr. Julie Macfarlane and the National Self-Represented Litigants Project explains how to resolve your case without a trial. You can download this free resource to learn more about your options.

The publication explains important topics, such as:

• Settlement basics: Learn how to make informed choices and put your agreement in writing.

• Settlement conferences: Discover how judge-led meetings work and how to prepare for them.

• Mediation: Find out how an independent person can help you reach an agreement.

• Offers to settle: Understand formal and informal ways to negotiate with the other side.

• Tips from other self-represented litigants: Read practical advice from people who represented themselves in court.

You can download the guide and find other resources for self-reps at representingyourselfcanada.com.

Mediation is a private way to resolve a disagreement without going to court. A neutral person called a mediator helps you and the other person talk, find common ground, and reach an agreement. 

What you should know

A mediator does not take sides and does not make decisions for you. They do not give legal advice. Their job is to guide the conversation so both sides can speak and listen safely.

You and the other person keep control over the final decision. You only settle the disagreement if both of you agree to the solution.

Mediation usually follows 4 steps:

1. Preparation: The mediator meets with each person separately to explain the process and gather basic details.

2. Opening: Everyone meets together. Each person explains their side of the story and lists their main concerns.

3. Discussion: The mediator helps both sides brainstorm solutions and discuss options. The mediator may also talk to each person in private sessions.

4. Agreement: If you reach a solution, the mediator writes down the terms. Both sides sign the document to make it a contract.

Benefits of mediation

Mediation offers several advantages compared to court:

• Saves money on legal and court fees.

• Resolves disputes much faster than court.

• Keeps your personal information private and confidential.

• Helps protect ongoing relationships between family members, neighbors, or business partners.

When mediation may not work

Mediation relies on cooperation. It may not work well if one person refuses to compromise or hides important information.

Mediation is usually not safe or appropriate when there is a history of abuse, violence, or severe power imbalances. One person may feel afraid, intimidated, or forced into an unfair agreement.

Always tell your lawyer or the mediator about any abuse or safety concerns before you start. If a mediator does not screen for safety, you should look for a different mediator.

Common misconceptions

A mediator can give legal advice. Mediators are neutral. They cannot give legal advice or protect your individual legal rights, even if they are a lawyer. You can hire a lawyer to advise you before you sign an agreement.

My lawyer can act as our mediator. Your lawyer represents your interests only. They are not neutral. A lawyer can only mediate your dispute if both sides hire them specifically to act as the neutral mediator.

A mediator can force a decision. Mediators cannot force you to accept a deal. Any agreement you sign becomes a contract between you and the other person.

Where to find a mediator

You can find qualified mediators in Nova Scotia through these resources:

• Search for a dispute resolution professional through adratlantic.ca/

• Find a accredited family mediator through fmc.ca.

• Learn about court programs for family law disputes at nsfamilylaw.ca.

Court battles take a heavy toll on your time, money, and emotional well-being. Many family law disputes in Nova Scotia can be resolved through guided negotiation instead of a trial.

What you should know

Going to court to let a judge decide your case is called litigation. Litigation can be long and expensive. You can choose other ways to settle your legal issues. These choices are often called alternative dispute resolution.

Resolving issues together gives you control over the final agreement. It keeps your personal details private. It can also help protect important family relationships.

Conciliation in Family Court

Conciliation is a court-based service for family law cases. A conciliation meeting is run by a trained court officer called a conciliator.

Conciliation is often a required first step in family court cases. The conciliator helps you and the other party focus on your issues. They make sure you file the correct court forms. They help you try to reach an agreement without going to court.

A conciliator is neutral. They cannot give legal advice to either person. They cannot force you to agree on an issue.

Learn more about conciliation: nsfamilylaw.ca/conciliation

Settlement Conferences

A settlement conference is a meeting with a Supreme Court Family Division judge. The judge helps you and the other party negotiate a solution.

Both people must agree to take part in a settlement conference. There is no court fee for this meeting. The judge at your settlement conference will not be the same judge who hears your trial.

Settlement conferences are confidential. Offers made during the meeting cannot be used against you in court later. If you agree on some issues, the judge will record those agreements.

Learn more about settlement conferences: nsfamilylaw.ca/settlement-conferences

Collaborative Family Law

Collaborative family law is an out-of-court process. You and the other party each hire a lawyer trained in collaborative law.

All participants sign an agreement to work cooperatively. Everyone agrees not to go to court. You work together in meetings to find solutions that work for your whole family.

Collaborative law helps you solve problems without adversarial court battles. Lawyers practicing collaborative family law use that term in their advertising and marketing material. Often they are members of an organization called Collaborative Professionals of Canada. 

Judicial Mediation at the Court of Appeal

Judicial mediation is available if you have filed an appeal in a civil or family dispute. It is not available for criminal cases.

An Appeal Court judge acts as a neutral mediator. The judge helps you talk through your differences. The judge does not force a decision on you.

This program is voluntary and free. You can learn more here: courts.ns.ca/court-of-appeal/mediation-program

Tips

Preparing well will help you get the best result from these programs:

• Gather all required financial records and court forms early.

• Focus on the future needs of your family members.

• Write down your main goals before you go to any meeting.

• Listen carefully to the options suggested by the judge or court officer.

Last Reviewed: Aug 2026