===Settlement conferences===
Settlement conferences are available in the Supreme Court at the request of both parties. They are usually The rules do not mandatoryrequire that a settlement conference be held in every court proceeding, but can be ordered by a judge or mastercan order that one be held. 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 held pursuant to Rule 7-2 of the of the [http://canlii.ca/t/8mcr Supreme Court Family Rules)]. They are solely concerned with finding a way to settle the court proceeding.
Like Settlement conferences, like JCCs, settlement conferences are privateand are held in courtrooms that are closed to the public. Only the parties and their lawyers are allowed to be there attend the conference, unless the parties and the judge all agree that another person someone else can attendbe present. They are also held on an a confidential, off-the-record basis, so that nothing said in the settlement conference can be used against anyone later on (i.e.: in , like at an application to the court or at trial).
There are no guarantees that Updated financial information should be exchanged between the parties before a settlement conference will result . If the updates are extensive and significant it is helpful to update and exchange sworn Financial Statements as well. If new Financial Statements are prepared, they should also be filed in court in a advance of the settlement as that requires conference so that the parties attend in good faith and are motivated master or judge has a chance to settleread through it.
Updated financial information should be exchanged between the It is common practice for parties before to exchange briefs prior to a settlement conference. If In fact, a master or judge who directs the updates are extensive and significant it is helpful parties to update attend a conference may direct that briefs, and exchange sworn financial statements as wellpossibly fresh Financial Statements, be exchanged beforehand. If financial statements Briefs are updated, they should also be filed very useful in court in advance the context of the settlement or a copy brought for the judge at the settlement conferenceconferences. They:
It is common practice for #force the parties and their lawyers to exchange settlement conference briefs prior to a settlement conference, really think about the legal issues and parties may be directed the facts that relate to do so. There is no specific form of settlement conference briefthose issues, but about the following information should be included (or at least considered for inclusion):* '''Key facts & dates:''' Date of cohabitationorders they want the court to make, marriage, separation &/or divorce, birthdates of parties and children, how the law does and other significant dates (may include house sales/purchases and/or moves, changes in employment or education, significant financial transactions such as inheritances, loans, purchases).* doesn'''List of issues:''' Include t support the issues court making those orders;#can help to be resolved and persuade another party that the party filing the brief has a description of your position about each one. * '''List of key documents:''' A list of documents good argument and other evidence to be relied upon (for example expert reports such as a section 211 parenting assessmentmay, or a marriage agreementin fact, be right or a loan document that is at least more likely to succeed at trial; and,#give the heart of the dispute). You may want to attach presiding master or judge a copy really good overview of any such document to the settlement conference brief. Bring an extra copy to the settlement conference in case the judge or legal issues and the other party doesn’t have theirs.* '''Key case relevant law:''' The case law precedent , that they may be able to use when trying to be relied on (more likely where help the parties have lawyers)settle their dispute.
At the There is no specific form of settlement conferencebrief, each party will have a turn to tell the judge their version of the facts and why they want the orders that they want. The judge will listen and ask questions and explore settlement options. The judge may even provide opinions about the likely outcome of the case if it goes to trial based upon the judge’s experience in other cases and what the judge knows about but the case. following information is usually really helpful:
*'''Key facts and dates:''' Dates of cohabitation, marriage, separation and divorce, birthdates of parties and children, and other significant dates, including the dates of things like the purchase and sale of a house, moves, changes in employment or education, and important financial transactions such as inheritances, loans, and purchases.*'''List of legal issues:''' Include the issues to be resolved and a description of your position about each one. *'''List of key documents:''' A list of the documents and other evidence you're relying on in support of your position, for example, expert reports, marriage agreements, employment contracts, loan documents, wills, and so forth. You may want to attach copies of any important documents to your settlement conference brief, or bring an extra copy to the settlement conference in case the master or judge, or another party, doesn’t have theirs.*'''Key statute and case law:''' Copies of the legislation and case law that you're relying on in support of your position. At the settlement conference, each party will have a turn to tell the master or judge their version of the facts and why they want the orders that they want. The master or judge will listen and ask questions and explore settlement options. The master or judge may even provide opinions about the likely outcome of the case if it goes to trial based upon the their experience in other cases and what the master or judge knows about the case. Also, like JCCs, settlement conferences work best when both parties come preparedand have made full disclosure of all the documents they're relying on. In general, and the more information that is exchanged before the settlement conference the better. Being prepared also means having a realistic view of the strengths and weaknesses of the evidence that you have to prove your case , and the strengths and weaknesses of the legal arguments you are trying to advance. If you don't have a lawyer with you at the settlement conference, it can be a good idea to speak with one beforehand for a legal opinion about your case... and its strengths and weaknesses. It is 's also helpful to have a sense of the likely cost of taking the matter to trial if you can’t settle it at the settlement conference. Parties People who are well informed about the facts of the case and who have had the opportunity to get legal advice in advance of the settlement conference are more likely to reach a settlement there, and save the time, expense, stress, and uncertainty of continuing the lawsuit through to trial.
====Scheduling a settlement conference====