Negotiation is the first, second and final step to any resolution. Whether you hire a lawyer, end up in court or simply discuss your problem over a cup of coffee, you will engage in some form off negotiation. Negotiation is the process of assessing differences and finding ways to bridge the gap to a mutually agreeable solution.
Settlement Smarts
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:
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Settlement basics: Learn how to make informed choices and put your agreement in writing.
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Settlement conferences: Discover how judge-led meetings work and how to prepare for them.
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Mediation: Find out how an independent person can help you reach an agreement.
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Offers to settle: Understand formal and informal ways to negotiate with the other side.
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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.
Family Law
The area of family law is a specialized area of civil litigation, one that focuses on the rights and obligations of those involved in ‘family” relationship. Typical cases involved the breakup of married or couple law couples but issues can also include adoptions or agreements made in contemplation of intimate relationships.
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:
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Gather all required financial records and court forms early.
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Focus on the future needs of your family members.
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Write down your main goals before you go to any meeting.
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Listen carefully to the options suggested by the judge or court officer.
Last Reviewed: Aug 2026
