Anonymous

Difference between revisions of "Case Conferences in a Family Law Matter"

From Clicklaw Wikibooks
no edit summary
Line 8: Line 8:
A ''case conference'' is a meeting between the parties, their lawyers if they have them, and a judge, usually for a purpose relating to the administration or the resolution of a court proceeding.  
A ''case conference'' is a meeting between the parties, their lawyers if they have them, and a judge, usually for a purpose relating to the administration or the resolution of a court proceeding.  


Trial management conferences in the Supreme Court and trial preparation Conferences in the Provincial Court are all about getting a proceeding ready for trial, and are held towards the end of a proceeding.  
Trial management conferences in the Supreme Court and trial preparation conferences in the Provincial Court are all about getting a proceeding ready for trial, and are held towards the end of a proceeding.  


Judicial case conferences in the Supreme Court and family case conferences in the Provincial Court are held early in a proceeding and are about settling those issues than can be agreed on, getting interim arrangements in place for support and the care of the children, and planning the next few steps in the proceeding.  
Judicial case conferences in the Supreme Court and family case conferences in the Provincial Court are held early in a proceeding and are about settling those issues than can be agreed on, getting interim arrangements in place for support and the care of the children, and planning the next few steps in the proceeding.  
Line 20: Line 20:
Lawyers also have an interest in settling matters, for all of the same reasons why settlement is important to the courts and to the parties. In addition, we also have a professional and ethical duty to promote settlement wherever possible, providing that a proposed settlement is not an unreasonable compromise of our clients' interests.
Lawyers also have an interest in settling matters, for all of the same reasons why settlement is important to the courts and to the parties. In addition, we also have a professional and ethical duty to promote settlement wherever possible, providing that a proposed settlement is not an unreasonable compromise of our clients' interests.


The rules of court have evolved to provide additional opportunities for settlement and steer people away from trial. In the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html Supreme Court Family Rules], we have Judicial Case Conferences under Rule 7-1 and Settlement Conferences under Rule 7-2. In the [http://canlii.ca/t/85pb Provincial Court (Family) Rules], we have Family Case Conferences under Rule 7.
The rules of court have evolved to provide additional opportunities for settlement and steer people away from trial. In the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html Supreme Court Family Rules], we have judicial case conferences under Rule 7-1 and settlement conferences under Rule 7-2. In the [http://canlii.ca/t/85pb Provincial Court (Family) Rules], we have family case conferences under Rule 7.


==Judicial case conferences (JCCs)==
==Judicial case conferences (JCCs)==
9,075

edits