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Settlement Conference Q for Self-Rep'd

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  • Settlement Conference Q for Self-Rep'd

    I have an upcoming settlement conference and I am self-rep'd (not by choice but by $$$$$), HE HAS A LAWYER. I have printed all of the required forms (settlement conference brief, financial statement, net family property statement). My question when filling out the settlement conference brief, how much do I put in for the questions such as

    8) what are the issues (everything)
    8) what are the important facts (can I attach futher papers to elaborate like in a motion affidavit?)
    11) are any of the issues in this case urgent?( what make an issue urgent in the eyes of the settlement conference judge?)
    10) have any issues been settled and turned into a court order (I have temporary orders through motions)

    also I read something about not introducing "evidence" that I would want to use going forward because anything used in a settlement conference cannot be relied on for example in a trial?????? What can/should I put in and what should I leave out?

    Any help would be most appreciated.

  • #2
    I am likely not the best person to answer this...but here is what I understand. I am also self-rep and have Settlement Conference next week. Yes...issues are everything. Important facts...my SC brief is about 200 pages...so is opposing counsel...In Ontario the forms go like this. Part one: Family Facts (easy to fill in). Part two Issues: Fill in what has been settled and what has not. Under number 8 "what are the issues for settlement conference"....I list background information and then sequentially list all of the issues by number. This is where the about 15 of my 200 pages sit. Where there is important back-up information (like divorce mate calculations or previous agreements ect.) I have made separate tabs and have included the information there (thus the other 185 pages). Yes...to answer your question ...I filled it in just like I did for a previous motion with Tabs. Urgent issues?...I think this is reserved for truly urgent cases like kids being kidnapped or physical violence ect. Issues into a court order...I only listed final orders...but i think you could list interim also (get someone else on this forum to confirm). The SC does not become part of the continuing record. It is returned to you after the conference. I'm not sure about your "evidence" information. I would hazard a guess that this is incorrect information. Opposing counsel has introduced much "evidence" that I am sure they are planning on using at our next long motion. Don't forget that you have to include an Offer to Settle with your SC brief. I hope that helps somewhat. My SC is next week...if yours if after that...you can message me with any specific questions and I will do my best to share my experience. Good luck!

    Comment


    • #3
      8) what are the issues (everything)
      "The issues for this settlement conference are custody, access, child support, spousal support, ownership of the dogs, restraining order, appointment of the OCL and the banishment of the Applicant to the fires of hell or, in the alternative, Toronto".

      Think of it as a check list that will be announcing your upcoming section headings.

      8) what are the important facts (can I attach futher papers to elaborate like in a motion affidavit?)
      You can attach an appendix, however the facts should be succinct and straightforward. Include what will have an impact on the result.

      11) are any of the issues in this case urgent?( what make an issue urgent in the eyes of the settlement conference judge?)
      paraphrase: "Is anyone going to want a motion before the trial, and why wasn't it brought before now?"

      10) have any issues been settled and turned into a court order (I have temporary orders through motions)
      "No" or "Yes; the following issues have been settled on the following terms" or "yes; the following issues were settled on a final basis in the following court orders".

      I read something about not introducing "evidence" that I would want to use going forward because anything used in a settlement conference cannot be relied on
      The settlement conference is entirely without prejudice. If your ex decided to, paragraph 1 of their brief could read "my favourite hobbies are cheating on my spouse and neglecting our children", and then go on to trial while pretending they didn't say anything; you could not bring it up.

      Evidence should not be introduced at the SC because it is strategically unhelpful. If you have evidence, disclose it to the other side now. There is no reason to try to ambush them with it later. Any evidence introduced would need to be repeated, since your settlement conference is effectively deleted and forgotten as far as the court is concerned if you don't settle.

      Comment


      • #4
        The search function on this site will provide a heap of posts on trial conferences.

        200 pages?

        Really? Over-kill. You'll be lucky if the Judge reads the first page.

        Comment


        • #5
          Some might say that the Settlement Conference is an important step and can, if correctly detailed and persuasive, help to circumvent trial. I would also agree that judges do not typically read much of the brief. The other side DOES however...and this is where the persuasive element lies. Thankfully I did not engage counsel to prepare it. $$$

          Comment

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