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  • Advice for Settlement Conf

    Just looking for some advice right now for a Settlement Conference. To propose a Settlement to the other party prior to the court date does it need to be in any specific format? or Form?

    The issues being looked at are:
    1) Custody (Change from 50/50) to a status quo which is over 7 years (75/25);
    2) Access (very liberal and will not be denied);
    3) Child Support (significant changes in income in opposite directions for both parties - also complex issues such as per item 1 which impacts CS).

    This has been going on for over 10 years and all other issues have been resolved.

    Thanks

  • #2
    What is the current custody and access? Full joint custody w/ 50-50 access?

    Your post is confusing.

    Comment


    • #3
      Haven't found a template

      I sent my ex an offer to settle recently. I tried finding a template or form, and there doesn't appear to be one. The only advice I found useful was to start the letter with something to the effect of "this is an offer for settlement, without prejudice", which means that you can't be judged later for the offer if not accepted. I also included an expiry date for accepting the offer or the start of negotiations.
      I hope that helps in some way.

      Comment


      • #4
        Advice for Settlement Conf

        I will add some more detail so it is not so confusing:

        1) Separated over 10 years;
        2) One Child of the Marriage;
        3) Initial Separation agreement has 50/50 custody for Both Parties;
        4) Initial Separation agreement has Party A paying offset CS to Party B;
        5) 7 years ago (2013) both Parties had a significant change in income. Party A's income was reduced 50% and now makes less then Party B (job loss & change). Party B got a new job which was an increase of 50%;
        6) At the same time in 2013 Party B reduced access to the child down to 25% at own request.

        So as stated above Party A has had the child over 75% of the time and has a lower income then Party B but pays CS to Party B due to the court order through the FRO.

        Party B has refused to provide Financial exchange for calculating CS for all these years but brags about income. Party A has been unable to bring Party B to court due to finances and fear. Things have now changed and court proceedings have started where we are now at a Settlement Conference.

        Comment


        • #5
          Family law Rule 18:


          RULE 18: OFFERS TO SETTLE

          DEFINITION

          18. (1) In this rule,
          “offer” means an offer to settle one or more claims in a case, motion, appeal or enforcement, and includes a counter-offer. O. Reg. 114/99, r. 18 (1).
          APPLICATION

          (2) This rule applies to an offer made at any time, even before the case is started. O. Reg. 114/99, r. 18 (2).
          MAKING AN OFFER

          (3) A party may serve an offer on any other party. O. Reg. 114/99, r. 18 (3).
          OFFER TO BE SIGNED BY PARTY AND LAWYER

          (4) An offer shall be signed personally by the party making it and also by the party’s lawyer, if any. O. Reg. 114/99, r. 18 (4).
          WITHDRAWING AN OFFER

          (5) A party who made an offer may withdraw it by serving a notice of withdrawal, at any time before the offer is accepted. O. Reg. 114/99, r. 18 (5).
          TIME-LIMITED OFFER

          (6) An offer that is not accepted within the time set out in the offer is considered to have been withdrawn. O. Reg. 114/99, r. 18 (6).
          OFFER EXPIRES WHEN COURT BEGINS TO GIVE DECISION

          (7) An offer may not be accepted after the court begins to give a decision that disposes of a claim dealt with in the offer. O. Reg. 114/99, r. 18 (7).
          CONFIDENTIALITY OF OFFER

          (8) The terms of an offer,
          (a) shall not be mentioned in any document filed in the continuing record; and
          (b) shall not be mentioned to the judge hearing the claim dealt with in the offer, until the judge has dealt with all the issues in dispute except costs. O. Reg. 114/99, r. 18 (8).
          ACCEPTING AN OFFER

          (9) The only valid way of accepting an offer is by serving an acceptance on the party who made the offer, at any time before,
          (a) the offer is withdrawn; or
          (b) the court begins to give a decision that disposes of a claim dealt with in the offer. O. Reg. 114/99, r. 18 (9).
          OFFER REMAINS OPEN DESPITE REJECTION OR COUNTER-OFFER

          (10) A party may accept an offer in accordance with subrule (9) even if the party has previously rejected the offer or made a counter-offer. O. Reg. 114/99, r. 18 (10).
          COSTS NOT DEALT WITH IN OFFER

          (11) If an accepted offer does not deal with costs, either party is entitled to ask the court for costs. O. Reg. 114/99, r. 18 (11).
          OFFERS INVOLVING SPECIAL PARTY OR CHILD PARTY

          (12) An offer may be made, withdrawn or accepted by a special party or a child party, but neither a party’s acceptance of a special party’s or child party’s offer nor the special party’s or child party’s acceptance of another party’s offer are binding on the special party or child party until the court approves. O. Reg. 250/19, s. 6.
          FAILURE TO CARRY OUT TERMS OF ACCEPTED OFFER

          (13) If a party to an accepted offer does not carry out the terms of the offer, the other party may,
          (a) make a motion to turn the parts of the offer within the court’s jurisdiction into an order; or
          (b) continue the case as if the offer had never been accepted. O. Reg. 114/99, r. 18 (13).
          COSTS CONSEQUENCES OF FAILURE TO ACCEPT OFFER

          (14) A party who makes an offer is, unless the court orders otherwise, entitled to costs to the date the offer was served and full recovery of costs from that date, if the following conditions are met:
          1. If the offer relates to a motion, it is made at least one day before the motion date.
          2. If the offer relates to a trial or the hearing of a step other than a motion, it is made at least seven days before the trial or hearing date.
          3. The offer does not expire and is not withdrawn before the hearing starts.
          4. The offer is not accepted.
          5. The party who made the offer obtains an order that is as favourable as or more favourable than the offer. O. Reg. 114/99, r. 18 (14).
          COSTS CONSEQUENCES — BURDEN OF PROOF

          (15) The burden of proving that the order is as favourable as or more favourable than the offer to settle is on the party who claims the benefit of subrule (14). O. Reg. 114/99, r. 18 (15).
          COSTS — DISCRETION OF COURT

          (16) When the court exercises its discretion over costs, it may take into account any written offer to settle, the date it was made and its terms, even if subrule (14) does not apply. O. Reg. 114/99, r. 18 (16).
          That's it

          Comment


          • #6
            So I see in Rule 18: Offers to Settle -

            CONFIDENTIALITY OF OFFER

            (8) The terms of an offer,
            (a) shall not be mentioned in any document filed in the continuing record;

            1) Does this mean it can't be added into Form 17C Settlement Conference Brief?
            2) Form 17C Settlement Conference Brief Part 4:Offer to Settle - Can it be the same offer or does a new one need to be added? It is strange that the Note in the Brief says you can attach an offer to settle that was made.

            Comment


            • #7
              Originally posted by TheLongRoad View Post
              So I see in Rule 18: Offers to Settle -

              CONFIDENTIALITY OF OFFER

              (8) The terms of an offer,
              (a) shall not be mentioned in any document filed in the continuing record;

              1) Does this mean it can't be added into Form 17C Settlement Conference Brief?
              2) Form 17C Settlement Conference Brief Part 4:Offer to Settle - Can it be the same offer or does a new one need to be added? It is strange that the Note in the Brief says you can attach an offer to settle that was made.
              That’s because your settlement conference brief doesn’t form part of the continuing record. Therefore any offer made with it will never see the cont’ rec either

              Comment


              • #8
                My offers to settle I usually just type up in a word doc. Ie:

                Offer to Settle
                Date

                Other Party’s Name
                Other Party’s Address

                This offer to settle is made by the (Applicant/Respondent), *Your Name*, in regards to case 111/11 (your case #) on a without prejudice basis and may only be accepted in it’s entirety.

                1) Resp & Applicant *Insert Your names* continue to have joint custody of the child *insert child’s name and DOB* (you want an order changing access, not custody)

                2) Parenting time with the child to change based on the last 7 years of status quo as follows:
                *Insert whatever parenting schedule you want**

                3) Child support to be paid by Respondent to Applicant in the amount of $xxx per month, as per the Child Support Guidleines bla bla bla (don’t worry about all the crazy wording, if you are self repped duty counsel will type out the final order for you and your ex to sign if you come to an agreement)

                4) Any other random shit you deem necessary


                DON’T FORGET TO SIGN AND DATE IT.

                Comment


                • #9
                  My advice would be more to the settlement conference brief. I think that may judges don't really look at it in advance or just skim it. You want it to be very brief and to the point, preferably in bullet point form. Concentrate on the most important points.

                  Mine went a lot like.
                  a) Point 1, blah, blah. See exhibit A.
                  b) Point 2, blah, blah. See exhibit B.
                  c) Point 3, blah. See exhibits C, D, E.

                  Each point was only a few lines long, where possible. Exhibits were at the end, an included letters, financial statements, etc.

                  I bound it in with a plastic binding so that it wouldn't fall all over the place and looked professional.

                  Comment


                  • #10
                    Originally posted by TheLongRoad View Post
                    I will add some more detail so it is not so confusing:

                    1) Separated over 10 years;
                    2) One Child of the Marriage;
                    3) Initial Separation agreement has 50/50 custody for Both Parties;
                    4) Initial Separation agreement has Party A paying offset CS to Party B;
                    5) 7 years ago (2013) both Parties had a significant change in income. Party A's income was reduced 50% and now makes less then Party B (job loss & change). Party B got a new job which was an increase of 50%;
                    6) At the same time in 2013 Party B reduced access to the child down to 25% at own request.

                    So as stated above Party A has had the child over 75% of the time and has a lower income then Party B but pays CS to Party B due to the court order through the FRO.

                    Party B has refused to provide Financial exchange for calculating CS for all these years but brags about income. Party A has been unable to bring Party B to court due to finances and fear. Things have now changed and court proceedings have started where we are now at a Settlement Conference.
                    Can someone explain why if you have the kid 75% of the time you would paying CS? Shouldn't party B paying you child support? Can't you go to court over this? Please help explain.

                    Comment


                    • #11
                      Originally posted by rvalentines View Post
                      Can someone explain why if you have the kid 75% of the time you would paying CS? Shouldn't party B paying you child support? Can't you go to court over this? Please help explain.


                      Im pretty sure thats why they are going to court. The original order was for the previous 50/50 with a higher income. That changed to current. Parent B obviously doesn’t want it to change.

                      Comment


                      • #12
                        I'm just at case conference stage, but I absolutely included my offer to settle in the case conference brief. This was because, although it didn't contain exact details of a settlement, it greatly showed that I was willing to mediate and go through family counselling and a bunch of other things for the sake of the children. I think this is really important for a judge to see, as well as the other side's lawyer, especially if they may not know about the offer if it was given privately. All of this stuff shows your willingness to resolve issues outside of the courtroom, which is ultimately what is desired by the judge.

                        Comment


                        • #13
                          Responding to rvalentines

                          First - Thank you everyone for the great info it is helping a lot.


                          rvalentines - The original order had 50/50 custody but many years back that changed to 75/25 without a court order and income for both changed significantly also.

                          Since Party B refuses to adjust CS or even entertain reevaluating the custody arrangement - court is the only way to resolve this.

                          It looks fairly straight forward according to Family Law but when you have someone who wants to delay, deny and refuses to cooperate you get to this point. Party B just wants to collect CS for as long as possible even if it is wrong.

                          Comment

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