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  • settlement conference

    Could someone tell me what a settlement conference is? How many settlement conferences are usually necessary?
    I have attened one settlement conference in October. The house was the issue and I was forced to list my house ( 3 hour meeting ). I have another settlement conference scheduled for early March. I want to cancel the conference because the house has not been sold and it probably won't sell within a few weeks. We have quite a few issues to settle ( spousal support, life insurance, debts to be paid when house is sold, post secondary support for my two kids). I would like to keep the lawyer fees to a minimal...lol and hope we can settle quickly with just one settlement conference. Also, I'm thinking of moving out of the house and rent until the house is sold. Do I shut off all utilities...if not then I cannot afford to rent a 3 bedroom apartment and keep up with the home maintanance. Thank to anyone who can give me some advice.

  • #2
    Is the settlement conference in front of a Judge or just between the parties and their lawyers?

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    • #3
      settlement conference

      Grace..today I received a letter from my lawyer. My ex canceled the conference due to a business trip.
      The conferences have taken place in a court house...only once did we face a judge...I was told to get a lawyer because I was not willing to list my house at that time.
      When I started this whole process I had no idea what I was getting myself into!!
      I'm not sure if its worth fighting over spoucel support and post secondary support for my 18 and 20 year old.
      I was stupid to think the court system would help me. It appears mental, emotional, physical, financial abuse doesn't matter.
      I think I should just pay my lawyer the 10 grand I owe him and just walk away. My ex has a pit bull lawyer; his parents not only reccomended the lawyer but they are also paying for the lawyer.
      Anyway, this will be my last post. Grace you do not need to respond.
      Thanks.

      Comment


      • #4
        Sunday,

        I feel your pain. I too was a victim of domestic abuse. The courts only take this into consideration with regards to custody & access. My ex has a bit bull lawyer too. Usually these types of controlling men pick this type of lawyer to continue the abuse using the court system.

        You may be eligible for legal aid? Please don't give up. Keep posting and please feel free to e-mail or PM me anytime.

        As for your question of a settlement conference here goes:

        After the case conference, motions and examinations are completed, a pre-trial conference or "settlement conference" is held. As the name suggests, this conference is designed to encourage the settlement of the case and the judge is actively involved in trying to resolve the dispute.

        Once again a special brief must be prepared and it is an informal procedure, usually taking place in a judge’s chambers.

        Although the judge cannot force a settlement of the case at this stage a judge may order "costs" if he or she feels the other side is unprepared or unreasonable.

        Comment


        • #5
          Sunday,

          A settlement conference is held before a judge.

          Each party exchanges and files conference briefs. The Judge may give an opinion on an outcome, they may schedule a motion date to argue or hear some of the issues or the may order disclosure by one or both parties. The Judge may issue an order such as custody, access but generally they refrain from this practice as conference briefs are unsworn. They may order the involvement of the children's lawyer or they may hold a trial management conference at the same time. Lots of things can happen at a settlement conference.

          The idea of a settlement conference is to narrow the issues in dispute between the parties before trial. If nothing is resolved, the next step would be a trial management conference and then trial.

          A very small number of cases actually go to trial due to most people tend to settle the issues rather than endure a costly trial. It is expensive to litigate unless you have legal aid. Even then, legal aid only covers so much and is probably insufficient to canvas a case thoroughly.

          Check out this link for brochures for family court in Ontario

          http://www.attorneygeneral.jus.gov.o...c/fc_part4.pdf
          Last edited by logicalvelocity; 02-03-2006, 09:19 PM.

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          • #6
            settlement conference

            Thank you Grace and Logialvelocity.

            Comment


            • #7
              Sunday,

              Please don't give up hope. You too can be a survivor and not a victim. Emotional closure will come through councelling and personal growth. I urge you to get in contact with your local women shelter for support. These services are free of charge. They can also help you with legal support.

              Stay strong for your children, and again feel free to contact me through PM's or email.

              Comment


              • #8
                To help with your decisions with regard to Child Support. As they are now over the age of 18. If that is the only factor they would not be entitled to any. The only way they would be is if they went to post secodary education directly from high school. The family Law act states Post secodary must be a max of 4 consecutive years. Please do not let anyone tell you differently.

                My spouse just won his case last month, but FRO has tried since 2002 to get him to continue to pay. These kids are 30 29 and 24 presently. Not one of them have finished high school when they were minors. The youngest did corespondance yeras later. And it didnt count in court.

                Comment


                • #9
                  Originally posted by Grace View Post
                  Sunday,

                  I feel your pain. I too was a victim of domestic abuse. The courts only take this into consideration with regards to custody & access. My ex has a bit bull lawyer too. Usually these types of controlling men pick this type of lawyer to continue the abuse using the court system.

                  You may be eligible for legal aid? Please don't give up. Keep posting and please feel free to e-mail or PM me anytime.

                  As for your question of a settlement conference here goes:

                  After the case conference, motions and examinations are completed, a pre-trial conference or "settlement conference" is held. As the name suggests, this conference is designed to encourage the settlement of the case and the judge is actively involved in trying to resolve the dispute.

                  Once again a special brief must be prepared and it is an informal procedure, usually taking place in a judge’s chambers.

                  Although the judge cannot force a settlement of the case at this stage a judge may order "costs" if he or she feels the other side is unprepared or unreasonable.
                  Hello..

                  On this topic of cancelling settlement conferences, I have a question.

                  I started (self-represented) an access Motion in my custody/access file to do with my 2 sons. It was some time prior that any other activity occured so the Judge in this matter Ordered a case conference this October to do with access; about a year after I started my Motion. It is in a rural Court in my area where lesser resources result in the procedure moving much slower than I had expected/told of as the file was previously litigated in larger cities (my x moved with our sons out near this rural Court) which is something I was not notified I would have to be ready for. I want to give the Court the opportunity to establish some Order(s) in October, but quite frankly, I want to look at my own Motions after that conference to settle this matter with any remaining issues. My sons are now (September before October before case conference) 18 & 16 and are victims of extreme parental alienation. I have been asked to not contact them (so far) by the Court until the matter is reviewed. I feel I may have to retain my own reference/professional at this time to review what is available and offer a confirmation/reference to the Court of whether or not alienation is occuring.
                  So, does anyone have recommendations on how I can just say to the Courts "Look, threre is no reason why access cannot be restored (give references, proof, etc.), show how the x is just trying to delay issues....I want an Order now for access xxxxx") and cancel the settlement conference? I feel honestly that if I let the Courts sort it out at their own speed that I'll need to adjust my Motion to consider grandparental access - you know what I mean? LOL....

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                  • #10
                    Grace, can u please pm me? I would love to pick ur brain

                    Comment


                    • #11
                      this thread is very old.

                      I don`t think Grace comes arouund anymore.

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                      • #12
                        Oh... Ok. I have a settlement conference scheduled for Monday.... What can/will be accomplished here? My legal aid lawyer is about as useful as a bag of hammers and I have been fighting to stop the control and lies since we started family court. Intimidation and lies that no one seems to bother looking into, and since no judge wants to read a hundred pages of email or documented proof, I cant show his character. He is great at talking, where as I clam up the second he is present... I just want it done. He is going to force it to trial in hopes of trying his luck... Im tired

                        Comment


                        • #13
                          Unless you, or the other side, are willing to take a step back from all the posturing...
                          Nothing will be accomplished.

                          You have to decide what is really important, and stand up for that.

                          Find out what the other side feels the same about - and find a compromise.

                          Otherwise it will just be an hour of your life gone by.

                          Comment


                          • #14
                            What is important to me is what has already been decided... Fair amount of child support, although its just a tenp order, its better than nothing. What he wants is to pay nothing... No equalization, no division of assets and as little child support as possible... I want fair and it over with...

                            Comment


                            • #15
                              Okay. I guess I'll give ou the answer you want too.

                              At Settlement Conference, the Justice will canvass both parties as to where they are on the issues, and see if a compromise between position may be forthcoming.

                              If not, he/she will tend to any procedural matters that may arise. (ie - this person or that still needs to file this document or that correctly.)

                              The justice may make an order on such an issue.

                              Should both parties have come to some (ANY!) common ground, the justice may also issue an Order on Consent of both parties.

                              Beyond that, a date will be set for Trial Management Conference, which is the next step in the stream before a trial could commence.

                              Originally posted by wretchedotis View Post
                              Unless you, or the other side, are willing to take a step back from all the posturing...
                              Nothing will be accomplished.

                              You have to decide what is really important, and stand up for that.

                              Find out what the other side feels the same about - and find a compromise.

                              Otherwise it will just be an hour of your life gone by.
                              ADDED

                              The Justice may also offer his/her opinion on what the outcome may be on the issues, were they to proceed to trial, in view of the facts made available to him/her through the current and previous steps.

                              If he/she does not, make a point of asking for it.
                              Last edited by wretchedotis; 01-10-2013, 07:30 PM. Reason: ADDED

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