Request Exemption from Mandatory Mediation in Quebec Small Claims

Understanding the Official Court Form for Exemption from Mandatory Mediation in Quebec Small Claims Court

If you are involved in a civil dispute within the jurisdiction of the Court of Quebec's Small Claims Division, you may receive a notice requiring your participation in mandatory mediation. However, there are circumstances where participating in this process may be difficult or inappropriate. In such cases, you can use the official form, designated as SJ-1107A, to request an exemption or to seek a review of a decision regarding your obligation to participate in mediation.

Purpose of the Form

The SJ-1107A form serves two primary functions:

• To apply for exemption from participating in mandatory mediation based on serious grounds;
• To request a review of a court’s decision that has declared you obliged to participate in mediation.

Submitting this form allows you to formally communicate with the court about your situation, providing reasons why you should be exempted or why a previous decision should be reconsidered.

When and How to Use the Form

Filing for Exemption

If you believe you have valid reasons to avoid mediation, you must complete and submit the form to the court office of the Small Claims Division within 20 days of receiving the notice of your obligation to participate (form SJ-1108A). It is important to include any supporting documents that substantiate your grounds for exemption, such as orders preventing contact or evidence of prior mediation participation.

Requesting a Review of the Court’s Decision

If the court has already decided that you must participate in mediation and you wish to challenge that decision, you can file the form for review within 10 days of receiving the court’s decision (form SJ-1283A). Be sure to attach any relevant documents and clearly state your reasons for requesting a review.

Serious Grounds for Exemption

The form specifies several grounds that qualify as serious reasons for exemption, including:

• The existence of an order preventing contact or communication between parties;
• The mediation cannot be held remotely, and travel expenses outweigh the benefits;
• Prior participation in a mediation session for the same dispute, documented in writing by the mediator or mediation body;
• Being a victim of domestic or sexual violence, which can be claimed without supporting documents.

Completing and Submitting the Form

Form Completion

The form can be completed either electronically as a dynamic PDF or by hand. When filling it out manually, ensure your handwriting is clear and block letters are used. After completing the form, make sure to keep a copy for your records.

Filing with the Court

The completed form, along with any supporting documents, must be filed at the court office of the Small Claims Division. If your exhibits contain confidential information, they should be filed in a sealed envelope clearly marked for that purpose. The court clerk will notify the other parties involved, who then have a specified period to submit their observations in writing.

Important Considerations

In cases involving domestic or sexual violence, the court will inform other parties that the case is exempt from mandatory mediation without requiring further observations. Alternatively, the case may be referred to arbitration at no cost to the parties involved.

Outcome and Court Decisions

The court will review your application and supporting evidence, then issue a decision. If your exemption request is granted, the court will declare that you are not required to participate in mediation. Conversely, if your application is dismissed, you will be expected to attend the mediation session as scheduled.

Similarly, when requesting a review of the court’s decision, the court will either uphold or revoke the obligation to participate in mediation, based on the reasons and evidence presented.

Summary

Using the SJ-1107A form correctly and within the specified deadlines is crucial to ensuring your rights are protected in civil disputes managed by the Quebec Small Claims Court. Whether seeking exemption or reviewing a previous decision, providing clear, supported reasons will facilitate a fair evaluation by the court.