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  #1 (permalink)  
Old 03-03-2017, 04:13 PM
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Default On to settlement conference...

A couple questions:

Had a Case Conference last week. This was what my lawyer referred to as a "forced Case Conference" as ex and lawyer demanded it right after the first appearance (same day). The master seemed really disinterested and hadn't even read the briefs. She scheduled a Settlement conference for a few months from now. Ex's lawyer did a presentation for her and mine spoke briefly. The question is, will she endorse one side or likely reserve any judgement because she hadn't read everything thoroughly? Is it possible for the judge/master to just order the settlement conference but next judge won't see any comments about the specifics of the case from previous judge/master?

Second question: at what point in this process could it be determined that there really is no material change in circumstance and therefore cannot go to trial? Or is this determined only at trial?

I apologize if these things have been asked before. Couldn't find an answer.


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Old 03-03-2017, 10:31 PM
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it wouldn't have been a master. master deals with lawyer account assessments and babkrupcies. it was a family court judge.

the case conference/settlement conference judge is not going to be the final hearing and/or trial judge. the conference are private meetings between you guys and your lawyers.

was the issue of material change brought up? unless you specifically state that there has not been a material change, they will assume you're agreeimg that there there is a material change.

if you don't feel there is a material change and that the case should be dismissed, you should being a motion for summary judgement and ask to dismiss his motion to change. you will likely fail and he will be given a hearing to see whether there has been a material change. the summary judgement motion.can't be used in place of focus hearing. of course they want to the parties to agree and settle on aomething before it gets to hearing or trial stage hence the settlement conference.

first glance, sounds like he's got a very good lawyer who is moving the case along quite well.

was the issue of material change raised? if so, what did they argue for material change?
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Old 03-04-2017, 02:09 AM
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Sounds merely like legal positioning and a flash+bang (forced CC) put in for good measure to intimidate. Judge was probably bored... been there... heard this before.... when will these people settle their issues?

I recall once with our case management judge I was horrified that, after waiting 6 months for the stupid hearing, the judge admitted to everyone that he had been "too busy to even read the file." Judges hear the same stuff over and over. It may be earth-shattering to you but it is not to the judge. It is routine, boring crap.

It is hopeful that your lawyer was quick to recognize this for what it really was - a forced conference. Perhaps the opposing counsel was trying to make some money and look good to his client (your ex). Keep a close eye on your lawyer and make sure those costs are reserved. Judges know that most people have to cave and settle as they simply can't afford to pay their lawyers. It's kind of a game of chicken isn't it?

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Old 03-04-2017, 08:23 AM
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Quote:
Originally Posted by trinton View Post
it wouldn't have been a master. master deals with lawyer account assessments and babkrupcies. it was a family court judge.

the case conference/settlement conference judge is not going to be the final hearing and/or trial judge. the conference are private meetings between you guys and your lawyers.

was the issue of material change brought up? unless you specifically state that there has not been a material change, they will assume you're agreeimg that there there is a material change.

if you don't feel there is a material change and that the case should be dismissed, you should being a motion for summary judgement and ask to dismiss his motion to change. you will likely fail and he will be given a hearing to see whether there has been a material change. the summary judgement motion.can't be used in place of focus hearing. of course they want to the parties to agree and settle on aomething before it gets to hearing or trial stage hence the settlement conference.

first glance, sounds like he's got a very good lawyer who is moving the case along quite well.

was the issue of material change raised? if so, what did they argue for material change?


It most definitely was a master. She is a well known one where I live. Material change wasn't brought up. It was just a laying out of the facts of the case. Actually, there isn't even a motion to change yet. I am assuming that will occur before the settlement conference?


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Old 03-04-2017, 08:25 AM
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Quote:
Originally Posted by arabian View Post
Sounds merely like legal positioning and a flash+bang (forced CC) put in for good measure to intimidate. Judge was probably bored... been there... heard this before.... when will these people settle their issues?

I recall once with our case management judge I was horrified that, after waiting 6 months for the stupid hearing, the judge admitted to everyone that he had been "too busy to even read the file." Judges hear the same stuff over and over. It may be earth-shattering to you but it is not to the judge. It is routine, boring crap.

It is hopeful that your lawyer was quick to recognize this for what it really was - a forced conference. Perhaps the opposing counsel was trying to make some money and look good to his client (your ex). Keep a close eye on your lawyer and make sure those costs are reserved. Judges know that most people have to cave and settle as they simply can't afford to pay their lawyers. It's kind of a game of chicken isn't it?


It was VERY disheartening to me that the master didn't seem to care at all who was before her or what she was hearing. But I guess that's the nature of the beast. Too many cases. Tons of bs to hear everyday. Mine isn't really very significant. Sigh.


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Old 03-04-2017, 09:53 AM
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So what was your ex's main point (or did he have one)? I wouldn't be surprised if he tacked on some other issues. Just to raise custody to 50/50? Was there any discussion on his arrears? (or did they pay up last minute?)
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Old 03-04-2017, 11:20 AM
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Quote:
Originally Posted by Ange71727 View Post
It most definitely was a master. She is a well known one where I live. Material change wasn't brought up. It was just a laying out of the facts of the case. Actually, there isn't even a motion to change yet. I am assuming that will occur before the settlement conference?


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if it was a master then you can be sure he/she won't be presiding the final hearing/trial . a judge will need to preside. no need to be intimidated by judges, they're humans just like us.

he filed a motion to change no? if so this is the process:

first appearance (ensure all documents servced) and schedule case conference, in your case the case confernece was heard right then and there with all parties present and ready to present.

settlement conference

final hearing and/or trial.

you can bring interim motions after the case conference (now).

doesn't sound like material change was raised as an issue - you consented that his case could move forward.
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Old 03-04-2017, 11:42 AM
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Quote:
Originally Posted by arabian View Post
So what was your ex's main point (or did he have one)? I wouldn't be surprised if he tacked on some other issues. Just to raise custody to 50/50? Was there any discussion on his arrears? (or did they pay up last minute?)


His main points are that he wants 50/50 and feels it is "practical" to tack on the extra days. Most of the presentation was about how practical it would be (even though in my opinion it is a completely wonky proposed schedule with no consistency or predictability for the kids. He expressed that he has made all these changes to the home environment since the agreement. He denied some of the things I stated in my brief (I have evidence however). He stated that he thinks he's the better parent to provide learning support for our son with learning difficulties because he is fully bilingual and I am not (technically). I had to suppress my anger for that one. Nothing too finger pointing my way. Yet. No mention of the arrears and no he hasn't paid it at all.


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Old 03-04-2017, 11:49 AM
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Quote:
Originally Posted by trinton View Post
if it was a master then you can be sure he/she won't be presiding the final hearing/trial . a judge will need to preside. no need to be intimidated by judges, they're humans just like us.



he filed a motion to change no? if so this is the process:



first appearance (ensure all documents servced) and schedule case conference, in your case the case confernece was heard right then and there with all parties present and ready to present.



settlement conference



final hearing and/or trial.



you can bring interim motions after the case conference (now).



doesn't sound like material change was raised as an issue - you consented that his case could move forward.


There is no motion to change. He hasn't filed this yet. I don't agree with this going forward but my understanding is that a settlement conference is assumed as the next step. This is why I am asking the question about when material change will enter this discussion. My lawyer set out my position that the kids are happy and thriving and there is no reason to alter arrangements. We also had to agree to mediation which I have mixed feelings about but agreed on to be reasonable.


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Old 03-04-2017, 12:34 PM
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Mediation will likely get you nowhere except further in debt. It's just another way for lawyers to make money off of you IMO.

He must have filed some sort of motion to date? If not, why are you and your lawyer even bothering with this? Have I missed something here?
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