What is a Settlement Conference?

Last week, I wrote about the purpose and importance of a case conference in the context of family law, which can be found here.  Today, I blog about the next step in the family law process, which is known as the settlement conference.

As I indicated in my prior blog, if the parties are unable to settle their family law dispute at the case conference or the days following the case conference, the next conference the parties will attend is often referred to as a settlement conference.

A settlement conference is presided over by the case management judge.  Rule 17(5) of the Family Law Rules sets-out the purposes of the settlement conference, which provides:

(5) The purposes of a settlement conference include,

(a) exploring the chances of settling the case;

(b) settling or narrowing the issues in dispute;

(c) ensuring disclosure of the relevant evidence;

(c.1) settling or narrowing any issues relating to any expert evidence or reports on which the parties intend to rely at trial;

(d) noting admissions that may simplify the case;

(e) if possible, obtaining a view of how the court might decide the case;

(f) considering any other matter that may help in a quick and just conclusion of the case;

(g) if the case is not settled, identifying the witnesses and other evidence to be presented at trial, estimating the time needed for trial and scheduling the case for trial; and

(h) organizing a trial management conference, or holding one if appropriate.

It is evident from reviewing the Rules that the purpose behind a settlement conference is more driven towards ensuring that the parties have exchanged relevant disclosure or if this has not yet been accomplished, the parties can obtain directions regarding the method of getting disclosure on the table.  Disclosure is very important, as most cases cannot settle without it. Another important factor that distinguishes the two conferences is that at the settlement conference, the Parties will often obtain a view of how a court might decide their case.  This too is important as negotiating a settlement is all about leverage.  The party with the most leverage often controls the prospects of settling the case.  Once disclosure is on the table, the Parties often exchange offers and attempt to narrow the issues in dispute and if possible settle the case.

Next week wednesday, I will discuss and distinguish the Trial Management Conference from the other conferences.

I hope you enjoyed reading and until next week, 

Rick Bickhram