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Difference between revisions of "Rules Promoting Settlement in Family Matters"
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Rules Promoting Settlement in Family Matters (view source)
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==Supreme Court== | ==Supreme Court== | ||
===Request another judicial case conference=== | ===Request another judicial case conference=== | ||
A judicial case conference, usually referred to as a JCC, is a relatively informal, off-the-record, private meeting between the parties, their lawyers and a master or judge in a courtroom. A JCC must be held in all contested family law court proceedings. Further information about JCCs can be found in the section [[Case Conferences in a Family Law Matter]] of this Chapter. | A judicial case conference, usually referred to as a JCC, is a relatively informal, off-the-record, private meeting between the parties, their lawyers, and a master or judge in a courtroom. A JCC must be held in all contested family law court proceedings. Further information about JCCs can be found in the section [[Case Conferences in a Family Law Matter]] of this Chapter. | ||
The initial JCC is usually held early on in the proceeding, but parties may request an additional JCC at any time, | |||
Under [http://canlii.ca/t/53h1z Rule 7-1(15) of the Supreme Court Family Rules] the court has very broad powers at JCC including the following to promote settlement: | The initial JCC is usually held early on in the proceeding, but parties may request an additional JCC at any time, even if the parties already had one. | ||
*identify the issues that are in dispute and those that are not in dispute and explore ways in which the issues in dispute may be resolved without recourse to trial | Under [http://canlii.ca/t/53h1z Rule 7-1(15) of the Supreme Court Family Rules] the court has very broad powers at a JCC, including the following, to promote settlement: | ||
*mediate any of the issues in dispute | *identify the issues that are in dispute and those that are not in dispute and explore ways in which the issues in dispute may be resolved without recourse to trial, | ||
*mediate any of the issues in dispute, | |||
*without hearing witnesses, give a non-binding opinion on the probable outcome of a hearing or trial. | *without hearing witnesses, give a non-binding opinion on the probable outcome of a hearing or trial. | ||
===Request a settlement conference=== | ===Request a settlement conference=== | ||
Settlement conferences are available in the Supreme Court at the request of both parties. They are usually not mandatory but can be ordered by a judge or master. They are relatively informal, off-the-record, private meetings between the parties, their lawyers and a master or judge in a courtroom for the purpose of exploring all possibilities of settlement (See [http://canlii.ca/t/53h1z Rule 7-2 of the of the Supreme Court Family Rules]). For more information about the purpose and scheduling a settlement conference see the section [[Case Conferences in a Family Matter | Case Conferences]] in this Chapter. | Settlement conferences are available in the Supreme Court at the request of both parties. They are usually not mandatory but can be ordered by a judge or master. They are relatively informal, off-the-record, private meetings between the parties, their lawyers, and a master or judge in a courtroom for the purpose of exploring all possibilities of settlement (See [http://canlii.ca/t/53h1z Rule 7-2 of the of the Supreme Court Family Rules]). For more information about the purpose and scheduling of a settlement conference, see the section on [[Case Conferences in a Family Matter | Case Conferences]], in this Chapter. | ||
===Serve a Notice to Mediate=== | ===Serve a Notice to Mediate=== | ||
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A Notice to Mediate must be served at least 90 days after the Response is filed and 90 days before the trial date. | A Notice to Mediate must be served at least 90 days after the Response is filed and 90 days before the trial date. | ||
The parties have to attend mediation unless one of the following exceptions applies: | The parties have to attend mediation unless one of the following exceptions applies: | ||
* | *there has already been a mediation session, | ||
* | *there is a protection order against one party, | ||
* | *the mediator advises the participants the mediation is not appropriate or that the mediation process will not be productive, or | ||
* | *the court orders that a party is exempt because, in the court’s opinion, it is impracticable or materially unfair to require the party to attend. | ||
The [http://canlii.ca/t/52325 Notice to Mediate (Family) | |||
For more information about the Notice to Mediate see the Legal Services Society of British Columbia | The [http://canlii.ca/t/52325 Notice to Mediate (Family) Regulation] provides the guidelines for proceeding with the mediation. The parties mutually select a mediator within 14 days after service of the Notice to Mediate. If the parties cannot agree, any party may apply to a roster organization for the appointment of a mediator. The process for the appointment of a mediator is set out in section 8 of the [http://canlii.ca/t/52325 Notice to Mediate (Family) Regulation] | ||
For more information about the Notice to Mediate see the Legal Services Society of British Columbia information page on [https://familylaw.lss.bc.ca/separation-divorce/getting-divorce/making-mediation-happen-family-law-case-supreme-court Making Mediation happen in a family law case in Supreme Court]. | |||
===Costs=== | ===Costs=== | ||
