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===Settlement conferences===
===Settlement conferences===


The rules do not require settlement conferences in every court proceeding, but the parties can jointly request on, or a judge or associate judge can direct that one be held. They are relatively informal meetings between the parties, their lawyers, and a associate judge or judge held pursuant to Rule 7-2 of the [https://canlii.ca/t/8mcr#sec7_2 Supreme Court Family Rules]. They are solely concerned with finding a way to settle the court proceeding.
The rules don't require a '''settlement conference''' for every family law case, but you can ask for one by agreement with the other side. You do this by filing a Requisition in Form F17 at the court registry. A judge or associate judge can also order one. A settlement conference is an informal, private meeting between the parties (and their lawyers, if any) and a judge or associate judge. They are held under [https://canlii.ca/t/8mcr#sec7_2 Rule 7-2 of the Supreme Court Family Rules]. The goal is to explore a settlement of the court case without going to a full trial.


Settlement conferences, like JCCs, are private and are held in courtrooms that are closed to the public. Only the parties and their lawyers are allowed to attend the conference, unless the parties and the judge all agree that someone else can be present. They are held on a confidential, off-the-record basis, so that nothing said in the settlement conference can be used against anyone later on, like at an application or at trial. This said, a recording is taken at the conference, so if there is a dispute or an appeal about what the parties agreed to, a transcript can be ordered.
A settlement conference is held in a closed courtroom — only the parties and their lawyers can attend, unless everyone agrees to allow someone else in. Everything said is confidential and off the record, so it can't be used against anyone later if settlement doesn't happen. However, the court does record the session in case there's ever a dispute over what was agreed.


====Briefs, Financial Statements and other preparations====
A settlement conference often happens after a Judicial Case Conference, or you can schedule one at any point if a judge or associate judge thinks it might help resolve the issues. If you want a specific judge or associate judge, you can request that, although it isn't always guaranteed. See the BC Supreme Court's [https://www.bccourts.ca/supreme_court/practice_and_procedure/practice_directions/civil/PD-18_Request_to_Appear_Before_a_Specific_Judge_Associate_Judge_or_Registrar.pdf Practice Direction 18 - Request to Appear Before a Specific Judge, Associate Judge or Registrar].


Updated financial information should be exchanged between the parties before a settlement conference. If the updates are extensive and significant it is helpful to update and exchange sworn Financial Statements as well. If new Financial Statements are prepared, they should also be filed in court in advance of the settlement conference so that the judge or associate judge has a chance to read through it. 
====Briefs, Financial Statements, and other preparations====


It is common practice for parties to exchange briefs prior to a settlement conference. In fact, a judge or associate judge who directs the parties to attend a conference may direct that briefs, and possibly fresh Financial Statements, be exchanged beforehand. Briefs are very useful in the context of settlement conferences. They:
Before the settlement conference, it's important that each side share any updated financial information (for example, recent paystubs or bank statements). If there have been big changes since your last Financial Statement, it's wise to complete and file a new Form F8 Financial Statement so the judge or associate judge knows the latest information.


#force the parties and their lawyers to really think about the legal issues and the facts that relate to those issues, about the orders they want the court to make, and how the law does and doesn't support the court making those orders;
Often, each side will prepare a ''settlement conference brief''. This helps everyone — especially the judge or associate judge — understand the facts and legal points quickly. You can file it at least a week before your conference takes place, and make sure to provide the other side with a copy too. The settlement conference brief usually includes:
#can help to persuade another party that the party filing the brief has a good argument and may, in fact, be right or at least more likely to succeed at trial; and,
#give the presiding judge or associate judge a really good overview of the legal issues and the relevant law, that they may be able to use when trying to help the parties settle their dispute.


There is no specific form of settlement conference brief, but the following information is usually really helpful:
* Key facts and dates — such as marriage or separation dates, birthdates of children, big moves, or major financial transactions.
* The issues to resolve — where you outline your position on each topic (e.g. parenting, child support, property division, etc.).
* Important documents and evidence — expert reports, loan papers, marriage agreements, and so on. You might attach copies or bring extra copies to the conference in case someone needs them.
* Your position on settlement
* Relevant law — any legislation or case law that supports your position.


*'''Key facts and dates:''' Dates of cohabitation, marriage, separation and divorce, birthdates of parties and children, and other significant dates, including the dates of things like the purchase and sale of a house, moves, changes in employment or education, and important financial transactions such as inheritances, loans, and purchases.
If you have copies of recent appraisals, a "Scott Schedule" (which is a chart or table used by lawyers to organize and compare the parties' positions on property and debt), or expert reports, try to exchange them in advance, and well before the conference. During the settlement conference, each side explains what they want and why. The judge or associate judge may ask questions, point out risks, and offer opinions on how a trial judge might decide, based on similar cases and the facts you've provided.
*'''List of legal issues:''' Include the issues to be resolved and a description of your position about each one.
*'''List of key documents:''' A list of the documents and other evidence you're relying on in support of your position, for example, expert reports, marriage agreements, employment contracts, loan documents, wills, and so forth. You may want to attach copies of any important documents to your settlement conference brief, or bring an extra copy to the settlement conference in case the judge or associate judge, or another party, doesn’t have theirs.
*'''Key statute and case law:''' Copies of the legislation and case law that you're relying on in support of your position.


At the settlement conference, each party will have a turn to tell the judge or associate judge their version of the facts and why they want the orders that they want. The judge or associate judge will listen and ask questions and explore settlement options. The judge or associate judge may even provide opinions about the likely outcome of the case if it goes to trial based upon the their experience in other cases and what the judge or associate judge knows about the case.
Like a JCC, a settlement conference works best when you've given the other side full disclosure of documents and you arrive with a realistic sense of your case's strengths, weaknesses, costs, and risks. If you don't have a lawyer, consider speaking with one beforehand to get advice on likely trial outcomes and costs.


Also like JCCs, settlement conferences work best when both parties come prepared and have made full disclosure of all the documents they're relying on. In general, the more information that is exchanged before the settlement conference the better. Being prepared also means having a realistic view of the strengths and weaknesses of the evidence that you have to prove your case, and the strengths and weaknesses of the legal arguments you are trying to advance. If you don't have a lawyer with you at the settlement conference, it can be a good idea to speak with one beforehand for a legal opinion about your case and its strengths and weaknesses. It's also helpful to have a sense of the likely cost of taking the matter to trial if you can’t settle it at the settlement conference.
====Scheduling a settlement conference====


People who are well informed about the facts of the case and who have had the opportunity to get legal advice in advance of the settlement conference are more likely to reach a settlement there, and save the time, expense, stress, and uncertainty of continuing the lawsuit through to trial.
To schedule a settlement conference date, contact the court registry to learn which dates are available. Agree on a date with the other party, then call the registry to confirm it. Next, complete and file a Form F17 Requisition to reserve that date. There is no filing fee charged for this form. Finally, serve a copy of the filed Form F17 Requisition on the other party by ordinary service.
 
====Scheduling a settlement conference====


To set a date for a settlement conference, you will need to contact the court registry and get the available settlement conference dates. You'll then need to talk to the other parties to select a date on which everyone is available.
If you reach an agreement at the settlement conference, the judge or associate judge can record that in a ''consent order'', which becomes legally binding. If you don't agree on everything, you may still resolve some issues, which can make any future steps more simple and less expensive. One way or another, being informed, organized, and prepared increases your chances of reaching a settlement and avoiding trial.
Once you have an agreeable date, call the registry and tell them which date you've picked. You will then need to fill out and file a Requisition in Form F17 reserving the date. There is no filing fee charged to schedule a settlement conference. You must then serve a copy of your filed Requisition on the other side by ordinary service.


===Trial management conferences===
===Trial management conferences===


Trial management conferences (TMCs), as the name suggests, are designed to make sure the parties are ready to go to trial. More information about trial management conferences can be found in this chapter, in the section [[Family Law Trials in Supreme Court]].
Trial management conferences (TMCs), as the name suggests, are designed to make sure the parties are ready to go to trial. More information about trial management conferences can be found in this chapter, in the section [[Trials and Supreme Court Family Law Proceedings]].


Part 14-3 of the [https://canlii.ca/t/8mcr#sec14_1 Supreme court Family Rules] deals with TMCs. The TMC must occur at least 28 days before the trial date unless the court orders otherwise.
Part 14-3 of the [https://canlii.ca/t/8mcr#sec14_1 Supreme court Family Rules] deals with TMCs. The TMC must occur at least 28 days before the trial date unless the court orders otherwise.
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