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  • Settlement Conference Prep.

    Just have some questions I'm hoping people can answer for me.

    I'm preparing SC and self-represented. I'm in Ontario. This concerns custody/access of our 4 year old boy.

    I'm curious to know the procedure. For previous documents filed in court, the Respondant produced and "answer" to refute my arguemnts. In turn, my lawyer filed a response to her answer and the allegations made within (Was using a lawyer before - but the money ran out). This was done leading up to Case Conference.

    Will this same procedure happen in SC?

    What kind of interaction can I expect from the judge during SC? Being self-represented, and having only one court appearence as such, I am unsure if questions will be directed at me, will I be asked to explain my reasoning, what should I expect will actually happen in there?

    Another question. I am the Applicant. The process has progressed to Settlement Conference come January. What would happen if I withdraw my original application? Is this even possible? Could the Respondant force the process to continue?

    Its been suggested to me I prepare a Parenting Plan, and present it at SC. This may sound a little clueless, but I'm not sure how I would segui into that? Offer it as an exhibit of eveidence?

    Looking over the forms, there are questions relating to my preparedness in having conducted interviews with witness'. Am expected to have this information already? I would have thought that was more of a trial thing.

    Anyways... Piecing it together through the confusion with your help.
    Thanks.

  • #2
    Your application was for your suit, that is what you go to trial on, you don't do it again.

    Before your case conference you did a 'Brief' which was probably similar arguements to your application. The judge would usually concentrate on the brief for the conference.

    For your Settlement conference you also do a brief, and it would be pretty similar to your case brief. I think the main difference is it will include an offer to settle section, I don't remember having that in my case brief.

    Keep it brief (no pun intended), orderly and logical. Lay out in point form what the issues are. Explain why you think you are right. You may attach some supporting documents to a brief, but don't overdo it, it's supposed to be brief. Your parenting plan would be a good thing to attach.

    In the section for your offer to settle, mention the" parenting plan (attached)". Your offer to settle should be fairly comprehensive but in brief point form, covering the major issues of a possible separation agreement (Equalization, custody, support, etc.)

    How much interaction is up to the judge. Keep your own notes with facts and dates and numbers etc with you so that you can answer questions easily, lay them out in sections with tabs so you can flip to the right answer if you need it. If you are prepared and organized you will get more out of the conference, if you aren't then the judge may lose patience with you. I've read some instances where an unrepresented party got to speak and answer questions a lot, other instances where they were all but ignored, so I don't know what to predict.

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    • #3
      great advice Mess!

      Comment

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