Navigating Family Court

What to expect at a Case Conference and Settlement Conference

By Ashley Hizo

Starting a family law case can be overwhelming, with so many new terms and processes it can be easy to get lost in the maze of legalese. Your lawyer makes the navigation of this new world easier. At SorbaraLAW we take pride in our service, quality, and excellence when assisting clients.

While your lawyer serves as your primary guide throughout the legal process, developing a basic understanding of legal terminology can streamline your case and support more effective collaboration, particularly at the outset of litigation.

A case conference and settlement conference might sound similar although they happen at different stages of your case and serve different purposes. Here’s what you need to know:

What is a Case Conference?

A case conference is typically the first time you will appear before a judge after starting your Court Application. A case conference serves as an early opportunity for both parties, your respective lawyers, and the judge, to discuss the issues of your case and explore ways to move your matter forward efficiently and effectively.

Goals of a Case Conference

• Ensure both parties have exchanged important and/or relevant information;
• Identify what issues you agree on and what is still in dispute;
• Explore any issues that can be settled early; and
• Discuss next steps, and ensure both parties are on the same page.

At a case conference, the judge assists the parties in coming to a resolution between themselves, or to narrow in on issues that are in dispute. The judge can also issue an order on the consent of both parties, or orders that are procedural in nature (such as the disclosure of documents).

As per the Family Law Rules (O. Reg. 114/99, r.14) you can file a non-urgent motion upon completion of your case conference. A motion is a formal request made to the courts asking the judge to make a temporary decision on an issue that needs to be decided before a final hearing or Trial. This type of motion can be used to deal with issues such as: temporary decision-making responsibility and parenting time, child support, and/or spousal support. 

If your matter is still not settled at this point, the next procedural step is a settlement conference.

What is a Settlement Conference?

A settlement conference happens after a case conference, and like a case conference, the court helps both parties narrow in on issues, ensure all disclosure has been filed, and see what evidence the parties have if they cannot settle before a trial.

Goals of a Settlement Conference

• Ensure all disclosure has been completed and exchanged;
• Explore what issues can be settled at this point;
• Receive the judge’s feedback on your case; and
• Prepare for Trial if settlement isn’t possible

It is important to note that at a settlement conference, after hearing both parties’ positions, the judge may give their opinion on how they would decide your case. This opinion is extremely valuable to both parties to gauge the likelihood of success at Trial, or if settlement is the more favourable option.

Conclusion

Both a case conference and settlement conference are vital turning points in your case. Your understanding of, and preparation for these conferences can greatly affect the outcome of your case.

Starting a legal matter can be overwhelming, the lawyers at SorbaraLAW make this journey easier. For any questions related to this article or legal advice on your family law matter, please contact Ashley Hizo at ahizo@sorbaralaw.com.