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-   -   Settlement Conference - help - key points (https://www.ottawadivorce.com/forum/showthread.php?t=6878)

nick2009 05-17-2010 09:18 PM

Settlement Conference - help - key points
 
Hi, guys,

Need help from you guys.

settlement conference on May 31, 2010, I will represent myself on the court. i had experience on the first case conference on jan 27, 2010, child support issue is done, first time for settlement conference and I do not how much difference there is betwenn settlement conference and case conference. a few questions,

1) key, important point , i should pay attention to, roughly

2) i am preparing my settlement conference brief form 17C, what are the impoirtant points normally people should clearly state on this brief.

3) I personally hope the judge could help to reach a reasonable agreement to solve this case. what should i write down on the brief to express my intention.

any reply will be appreciated.

Nick, May 17, 2010

logicalvelocity 05-17-2010 11:11 PM

Similar discussion here...Search feature is most helpful

http://www.ottawadivorce.com/forum/f...ocuments-6768/

nick2009 05-18-2010 08:14 PM

thank you very much

tugofwar 05-19-2010 01:30 PM

We are also scheduled for a settlement conference really soon.
So how does it really differ from a case conference? Is it possible to have the same judge again?

What are things that I should be thinking, focusing on?
Should I be thinking of offers to settle etc?

loserguy1960 07-20-2010 03:05 PM

Settlement conf difference with case conf
 
ONly key diff is that a settlement conf has to include an offer to settle.
They are basically the same thing.

dadtotheend 07-20-2010 03:17 PM

A settlement conference is the next step in case management after a case conference. The latter identifies the issues and attempts to settle them. The former narrows the issues and attempts to settle them.

This should all have been explained at the Family Law Information Session that all litigants are required to attend. If a litigant (self represented or otherwise) doesn't attend this session, then they only have themselves to blame when things don't progress. If one doesn't put in the effort, one deserves to get screwed.

You can have multiple case conferenes and settlement conferences. The next step is a trial management conference, then exit pre-trial conference, then trial.

One trap in family law is to allow multiple conferences to occur when the parties are far apart in settling their differences. It prolongs the process and exponentially increases the costs if you have a lawyer, to say nothing of the emotional strain.

I've said it dozens of times here. You always have to be pushing towards trial to avoid this trap, especially when the other side is being unreasonable and/or delaying without cause. Pushing towards trial turns up the heat by the judge to settle and it flushes out unreasonable positions.

Frankly, anyone who is asking about the stages in case management after they have been involved in the process for more than a six months is playing with fire. You should know this stuff long before you have to attend these conferences, otherwise you are setting up yourself for a long, drawn out, expensive action, or worse, to fail.

If you don't bother to read this, http://www.attorneygeneral.jus.gov.o...ccm/ccmr77.asp, don't bother asking any more questions about it!!!

tugofwar 07-20-2010 03:40 PM

Quote:

Originally Posted by dadtotheend (Post 44232)
This should all have been explained at the Family Law Information Session that all litigants are required to attend. If a litigant (self represented or otherwise) doesn't attend this session, then they only have themselves to blame when things don't progress. If one doesn't put in the effort, one deserves to get screwed.

I don't think this session is manditory everywhere. I think it's only in TO as I didn't have to attend and my lawyer wasn't sure why I was asking about this before.

violet 03-08-2012 12:05 AM

Quote:

Originally Posted by tugofwar (Post 44234)
I don't think this session is manditory everywhere. I think it's only in TO as I didn't have to attend and my lawyer wasn't sure why I was asking about this before.

I live in Owen Sound and there does not exist this session you speak of. I am self represented since 2 lawyers made my case worse than what it started out as. I have looked high and low everywhere to find out infor for my settlement conf and case conf. now we are at trial management management. This case has dragged on for 3 years while children's aid gets their share of the money too! Too bad these sessions you speak of are not available for everyone....judge kicked me out of court this week and warned me to not come back without a lawyer. prejudiced judge lying!! I have the right to self-represent but courts refuse to do their job unless i have a lawyer. 50 lawyers have been asked with a legal aid cert and they all turned me down. sad dysfunctional ppl in the courthouses and legislation too. :( :mad: :eek: :confused:

Rioe 03-08-2012 12:11 AM

Okay, if that many lawyers think your case is too much to handle, do you think it might be time to examine your expectations? Bring them a bit closer to reasonable? And if the judge is strongly suggesting you have a lawyer, do you think you may be acting a bit too emotional instead of reasonable in the courtroom or something? If everyone is consistently dealing with you like that, or trying not to deal with you at all, it's time to stop blaming others and figure out that the problem may be in yourself.

violet 03-08-2012 12:23 AM

Quote:

Originally Posted by Rioe (Post 88856)
Okay, if that many lawyers think your case is too much to handle, do you think it might be time to examine your expectations? Bring them a bit closer to reasonable? And if the judge is strongly suggesting you have a lawyer, do you think you may be acting a bit too emotional instead of reasonable in the courtroom or something? If everyone is consistently dealing with you like that, or trying not to deal with you at all, it's time to stop blaming others and figure out that the problem may be in yourself.

Really? Without even knowing the seriousness of this, you are way off base. I have end-stage lyme disease that Canada has no lab tests and refuse to acknowledge it exists. I am sick, but mostly 4 children were infected in pregnancy. Children's aid says there is zero medical issues. I just had a lab test from california confirming my claim. Chidlren's Aid refuses to test these kids and now from refusal, i am incurable...end stage...and my liver is starting to shut down. I just found out Children's aid has put million dollar life insurance policies on me and my kids listing the society as the beneficiary. Also Children's Aid has started action against me to get my home worth $175,000 that is fully paid for. How is this the best interests of the kids? All my kids had a great mom....they know the society is lying about us and the kids get no advocate as per CFSA, part III, sections 103-108. We are being violated, lied about, taken advantage of and held up with their expectation that we will die without treatment so they can get the insurance and house money. No one will accept this case because they say this is normal behaviour for children's aid and we will lose even though i have kids who want to come home. By the way, 2 of my 4 kids live with a foster mom who is now exposing these kids to our abuser after assaulting us all! Anytime you want to hear the truth about the society and family court....message me. Our own governement is circumventing social service law in this situation and we are all crushed that others have manipulated us, silenced us and emotionally abused us, all while practising parental alienation and using behaviours i see in the criminal code of canada. Everyone maintains this is normal. It's past dysfunctional, & wholeheartedly sick.


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