Resolve The Dispute With Help From A Lawyer
The point of the small claims court settlement conference is to meet with a provincial court judge to discuss the issues. Also, as the name implies, there will be talks about a settlement at the conference. The person who wants money is the claimant. The person who is being asked for money is the defendant. Sometimes the defendant is called the respondent, whatever you prefer. Going to trial can be expensive and stressful. That’s why 66.6% of cases are resolved without going to court in the provincial court.
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In the supreme court, 97% of cases do not make it to trial. More cases go to court in small claims because most people do not have a lawyer. However, many people do choose to hire a lawyer to attend the trial for them in small claims. If you need a lawyer or paralegal to attend small claims for you, contact us below. We will connect you with an affordable paralegal or lawyer who will give you a free 15-minute consultation.
Settle The Case In Provincial Court
The conference is required anywhere in BC with the exception of downtown Vancouver for some reason. The public or media is not allowed to attend the conference. If the person who filed the claim doesn’t attend the small claims court settlement conference, then the judge will likely rule in favor of the defendant. The reverse is true if the defendant does not show up to the small claims court settlement conference.
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If the parties cannot agree to settle, then the judge will likely make an order for a trial date. It is possible to ask for a pre-trial conference to confirm all evidence has been shared between the parties. This can happen before the matter goes ahead to trial. Even though the settlement conference is not the trial, you must be ready for the conference. You won’t have to have witnesses ready, but you must have your documents. You should be able to answer the judge’s questions in detail. The judge will likely get angry if you do not have the answers ready. You never want to upset the judge.
You can also ask the judge the best way to prepare for the trial. This judge will not be the same judge as the trial judge. However, the judge that you will meet during the small claims settlement conference does small claims trials. You could have had this judge. Therefore, it’s a great way to ask questions in a non-formal way.
While the settlement conference is not the trial, you need to have your position ready to explain. For example, you should know the dates when things happened. You should also understand what the other person’s position is. It’s going to be hard to explain why you are right if you don’t know what the other person is saying.
Small Claims Court Settlement Notice Of Claim
The judge is going to want you to settle. They will point out the reasons why the party’s cases are weak. They do this to make it more likely for each to settle. When a judge tells you you are missing a key piece of evidence, it’s stressful.
The best thing you can take away from the settlement conference is what the judge wanted you to prove. Also, take note of what they wanted the other side to prove. You can focus on these key areas when getting ready for trial. You might come to the conference with ten things you need to prove and leave with only two. It’s common to find that the parties agree on most of the facts. However, there is likely one of two things the party cannot agree on.
In conclusion, if you want to learn more about small claims court settlement, see our videos.