Although settlement discussions may take place throughout the litigation process, it is following discovery that they are typically most active. Settlement may be achieved by negotiation between the parties, at a pre-trial conference, at mediation, or at a settlement conference. During this phase, parties will also actively be preparing for trial which may include discovery of expert witnesses or preliminary motions.

The pre-trial conference is a court mandated process which is ostensibly for the purpose of discussing the logistics of trial but is often used in practice to discuss settlement prospects. The parties may also agree to hold a settlement conference. A settlement conference is a negotiation facilitated by a judge with the sole goal of settlement. Another option is that the parties may agree to pursue settlement by mediation. Mediation is a purely private process and is not mandatory in PEI.