The civil litigation process has been designed to bring the parties to a resolution. In most civil lawsuits, the process begins with the exchange of “pleadings” that define the issues in dispute between the parties. Next, there is an exchange of information between the parties by way of “discovery”, both in respect of documents and by oral evidence obtained during examination. The purpose of discovery is to allow the parties and counsel to better understand the merits of the case and the evidence that will be lead at trial. In Ontario, mediation is typically mandatory. The process is confidential and its purpose is to try and bring the parties to a resolution without the need for trial. A “pre-trial conference” is also required before a matter can proceed to trial. A pre-trial conference is an opportunity for the parties and counsel to appear before a judge who typically provides his/her views on the strengths and weaknesses of each party’s case, with one of the purposes being to try to encourage resolution without a trial. If no resolution is reached, the matter proceeds to trial.