Rules Promoting Settlement in Family Matters - Revision history

Nate Russell: Redirected page to Case Conferences in a Family Law Matter

2025-04-02T20:28:47Z

Redirected page to Case Conferences in a Family Law Matter

Nate Russell at 18:35, 31 July 2019

2019-07-31T18:35:48Z

← Older revision		Revision as of 18:35, 31 July 2019
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	The [http://canlii.ca/t/52325 Notice to Mediate (Family) Regulation] provides the guidelines for proceeding with the mediation. The parties mutually select a mediator within 14 days after service of the Notice to Mediate. If the parties cannot agree, any party may apply to a roster organization for the appointment of a mediator. The process for the appointment of a mediator is set out in section 8 of the [http://canlii.ca/t/52325 Notice to Mediate (Family) Regulation]		The [http://canlii.ca/t/52325 Notice to Mediate (Family) Regulation] provides the guidelines for proceeding with the mediation. The parties mutually select a mediator within 14 days after service of the Notice to Mediate. If the parties cannot agree, any party may apply to a roster organization for the appointment of a mediator. The process for the appointment of a mediator is set out in section 8 of the [http://canlii.ca/t/52325 Notice to Mediate (Family) Regulation]
	For more information about the Notice to Mediate see the Legal Services Society of British Columbia's Family Law website's information page: [https://clicklaw.bc.ca/resource/4647 Getting a divorce] under the section "Making mediation happen in a family law case in Supreme Court."		For more information about the Notice to Mediate see the Legal Services Society of British Columbia's Family Law website's information page [https://clicklaw.bc.ca/resource/4647 "Getting a divorce"] under the section "Making mediation happen in a family law case in Supreme Court."

	===Costs===		===Costs===
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	* [https://www.bccourts.ca/supreme_court/ Supreme Court website]		* [https://www.bccourts.ca/supreme_court/ Supreme Court website]
	* [http://bit.ly/JCCguide Supreme Court website: Litigants' Guide to Judicial Case Conferences]		* [http://bit.ly/JCCguide Supreme Court website: Litigants' Guide to Judicial Case Conferences]
	* Legal Services Society's Family Law website:		* Legal Services Society's Family Law website's information pages [https://www.clicklaw.bc.ca/resource/4647 "Getting a divorce"] (with information on making a mediation happen) and [https://www.clicklaw.bc.ca/resource/4649 "If you have to go to court"] (with information on making an offer to settle plus judicial and family case conferences)
	** [https://www.clicklaw.bc.ca/resource/4647 Getting a divorce] (with information on making a mediation happen)
	** [https://www.clicklaw.bc.ca/resource/4649 If you have to go to court] (with information on making an offer to settle plus judicial and family case conferences)

Nate Russell at 18:39, 30 July 2019

2019-07-30T18:39:48Z

← Older revision		Revision as of 18:39, 30 July 2019
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	Lawyers also have an interest in settling matters, for all of the same reasons as the courts and the parties. In addition, lawyers have a professional and an ethical duty to promote settlement wherever possible, provided that a proposed settlement is not an unreasonable compromise of their clients' interests. This is written into the Code of Professional Conduct for Lawyers.		Lawyers also have an interest in settling matters, for all of the same reasons as the courts and the parties. In addition, lawyers have a professional and an ethical duty to promote settlement wherever possible, provided that a proposed settlement is not an unreasonable compromise of their clients' interests. This is written into the Code of Professional Conduct for Lawyers.

	The laws and rules of court for family law proceedings have evolved to provide additional opportunities for settlement and steer people away from trial and out of court. In fact, s. 4 of the provincial ''[[Family Law Act]]'' says that the purposes of the part of the Act on dispute resolution are to:		The laws and rules of court for family law proceedings have evolved to provide additional opportunities for settlement and steer people away from trial and out of court. In fact, section 4 of the provincial ''[[Family Law Act]]'' says that the purposes of the part of the Act on dispute resolution are to:

	<blockquote><tt>(b) to encourage parties to a family law dispute to resolve the dispute through agreements and appropriate family dispute resolution before making an application to a court;</tt></blockquote>		<blockquote><tt>(b) to encourage parties to a family law dispute to resolve the dispute through agreements and appropriate family dispute resolution before making an application to a court;</tt></blockquote>

Corinne Shortridge: /* Links */

2019-07-16T18:59:11Z

Links

← Older revision		Revision as of 18:59, 16 July 2019
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	* [https://www.bccourts.ca/supreme_court/ Supreme Court website]		* [https://www.bccourts.ca/supreme_court/ Supreme Court website]
	* [http://bit.ly/JCCguide Supreme Court website: Litigants' Guide to Judicial Case Conferences]		* [http://bit.ly/JCCguide Supreme Court website: Litigants' Guide to Judicial Case Conferences]
	* Legal Services Society's Family Law ~~in BC~~ website:		* Legal Services Society's Family Law website:
	** [https://www.clicklaw.bc.ca/resource/4647 Getting a divorce] (with information on making a mediation happen)		** [https://www.clicklaw.bc.ca/resource/4647 Getting a divorce] (with information on making a mediation happen)
	** [https://www.clicklaw.bc.ca/resource/4649 If you have to go to court] (with information on making an offer to settle plus judicial and family case conferences)		** [https://www.clicklaw.bc.ca/resource/4649 If you have to go to court] (with information on making an offer to settle plus judicial and family case conferences)

Corinne Shortridge: /* Serve a Notice to Mediate */

2019-07-15T22:29:03Z

Serve a Notice to Mediate

← Older revision		Revision as of 22:29, 15 July 2019
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	The [http://canlii.ca/t/52325 Notice to Mediate (Family) Regulation] provides the guidelines for proceeding with the mediation. The parties mutually select a mediator within 14 days after service of the Notice to Mediate. If the parties cannot agree, any party may apply to a roster organization for the appointment of a mediator. The process for the appointment of a mediator is set out in section 8 of the [http://canlii.ca/t/52325 Notice to Mediate (Family) Regulation]		The [http://canlii.ca/t/52325 Notice to Mediate (Family) Regulation] provides the guidelines for proceeding with the mediation. The parties mutually select a mediator within 14 days after service of the Notice to Mediate. If the parties cannot agree, any party may apply to a roster organization for the appointment of a mediator. The process for the appointment of a mediator is set out in section 8 of the [http://canlii.ca/t/52325 Notice to Mediate (Family) Regulation]
	For more information about the Notice to Mediate see the Legal Services Society of British Columbia's ~~online~~ information page: [https://~~familylaw.lss~~.bc.ca/~~separation-divorce~~/~~getting-~~divorce~~/making-mediation-happen-family-law-case-supreme-court~~ Making mediation happen in a family law case in Supreme Court].		For more information about the Notice to Mediate see the Legal Services Society of British Columbia's Family Law website's information page: [https://clicklaw.bc.ca/resource/4647 Getting a divorce] under the section "Making mediation happen in a family law case in Supreme Court."

	===Costs===		===Costs===

Corinne Shortridge: /* Costs */

2019-07-15T22:21:46Z

Costs

← Older revision		Revision as of 22:21, 15 July 2019
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	Disbursements are out of pocket expenses, such as filing fees, witness fees, travelling and subsistence expenses, discovery transcript fees, experts’ fees, and fees for medical/legal reports, photocopies, couriers, postage, and the like. Generally, most disbursements are recoverable, provided they are considered to be reasonable and necessary.		Disbursements are out of pocket expenses, such as filing fees, witness fees, travelling and subsistence expenses, discovery transcript fees, experts’ fees, and fees for medical/legal reports, photocopies, couriers, postage, and the like. Generally, most disbursements are recoverable, provided they are considered to be reasonable and necessary.
	The potential of a cost award being made at a hearing or trial can provide an incentive for the parties to settle and agree to not have to pay costs to each other. It can encourage parties to be more reasonable in their positions and try to narrow the issues that need court intervention.		The potential of a cost award being made at a hearing or trial can provide an incentive for the parties to settle and agree to not have to pay costs to each other. It can encourage parties to be more reasonable in their positions and try to narrow the issues that need court intervention.
	For more information about costs, see the Legal Services Society ~~of British Columbia’s~~ information ~~sheet on~~ [https://~~familylaw~~.~~lss~~.bc.ca/~~bc-legal-system~~/~~if-~~you-have-go-court~~/costs-~~and-expenses ~~Costs and Expenses]~~.		For more information about costs, see the Legal Services Society's Family Law website's information page [https://www.clicklaw.bc.ca/resource/4649 "If you have to go to court"] under the section "Costs and expenses."

	===Offer to Settle===		===Offer to Settle===

Corinne Shortridge: /* Offer to Settle */

2019-07-15T22:04:31Z

Offer to Settle

← Older revision		Revision as of 22:04, 15 July 2019
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	*any other factor the court considers appropriate.		*any other factor the court considers appropriate.
	An offer to settle does not expire if a counter offer is made.		An offer to settle does not expire if a counter offer is made.
	For more information on making an offer to settle see the Legal Services Society's ~~online guide:~~ [~~http~~://~~familylaw~~.~~lss~~.bc.ca/~~bc-legal-system~~/~~if-~~you-have-go-court~~/trials-supreme-court/making-offer-settle~~ Making an offer to settle].		For more information on making an offer to settle see the Legal Services Society's Family Law website's information page [https://www.clicklaw.bc.ca/resource/4649 "If you have to go to court."] Under the section "Trials in Supreme Court, see "Making an offer to settle."

	==Provincial Court ==		==Provincial Court ==

Corinne Shortridge at 19:10, 15 July 2019

2019-07-15T19:10:29Z

← Older revision		Revision as of 19:10, 15 July 2019
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	* [https://www.bccourts.ca/supreme_court/ Supreme Court website]		* [https://www.bccourts.ca/supreme_court/ Supreme Court website]
	* [http://bit.ly/JCCguide Supreme Court website: Litigants' Guide to Judicial Case Conferences]		* [http://bit.ly/JCCguide Supreme Court website: Litigants' Guide to Judicial Case Conferences]
	* Legal Services Society's Family Law in BC website: ~~https://familylaw.lss.bc.ca/~~		* Legal Services Society's Family Law in BC website:
	** [https://www.clicklaw.bc.ca/resource/4647 Getting a divorce] (with information on making a mediation happen)		** [https://www.clicklaw.bc.ca/resource/4647 Getting a divorce] (with information on making a mediation happen)
	** [https://www.clicklaw.bc.ca/resource/4649 If you have to go to court] (with information on making an offer to settle plus judicial and family case conferences)		** [https://www.clicklaw.bc.ca/resource/4649 If you have to go to court] (with information on making an offer to settle plus judicial and family case conferences)

Corinne Shortridge at 19:00, 15 July 2019

2019-07-15T19:00:47Z

← Older revision		Revision as of 19:00, 15 July 2019
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	* [https://www.bccourts.ca/supreme_court/ Supreme Court website]		* [https://www.bccourts.ca/supreme_court/ Supreme Court website]
	* [http://bit.ly/JCCguide Supreme Court website: Litigants' Guide to Judicial Case Conferences]		* [http://bit.ly/JCCguide Supreme Court website: Litigants' Guide to Judicial Case Conferences]
	* Legal Services Society's Family Law in BC website:		* Legal Services Society's Family Law in BC website: https://familylaw.lss.bc.ca/
	** [https://www.clicklaw.bc.ca/resource/4647 Getting a divorce] (with information on making a mediation happen)		** [https://www.clicklaw.bc.ca/resource/4647 Getting a divorce] (with information on making a mediation happen)
	** [https://www.clicklaw.bc.ca/resource/4649 If you have to go to court] (with information on making an offer to settle plus judicial and family case conferences)		** [https://www.clicklaw.bc.ca/resource/4649 If you have to go to court] (with information on making an offer to settle plus judicial and family case conferences)

Nate Russell: /* Links */

2019-06-25T22:59:39Z

Links

← Older revision		Revision as of 22:59, 25 June 2019
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	* [https://www.bccourts.ca/supreme_court/ Supreme Court website]		* [https://www.bccourts.ca/supreme_court/ Supreme Court website]
	* [http://bit.ly/JCCguide Supreme Court website: Litigants' Guide to Judicial Case Conferences]		* [http://bit.ly/JCCguide Supreme Court website: Litigants' Guide to Judicial Case Conferences]
	* Legal Services Society Family Law in BC website:		* Legal Services Society's Family Law in BC website:
	** [https://www.clicklaw.bc.ca/resource/4647 Getting a divorce] (with information on making a mediation happen)		** [https://www.clicklaw.bc.ca/resource/4647 Getting a divorce] (with information on making a mediation happen)
	** [https://www.clicklaw.bc.ca/resource/4649 If you have to go to court] (with information on making an offer to settle plus judicial and family case conferences)		** [https://www.clicklaw.bc.ca/resource/4649 If you have to go to court] (with information on making an offer to settle plus judicial and family case conferences)