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Difference between revisions of "Rules Promoting Settlement in Family Matters"
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Rules Promoting Settlement in Family Matters (view source)
Revision as of 21:02, 12 June 2019
, 21:02, 12 June 2019→Request another judicial case conference
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==Supreme Court== | ==Supreme Court== | ||
===Request another judicial case conference=== | ===Request another judicial case conference=== | ||
A judicial case conference, usually referred to as a JCC, is a relatively informal, off-the-record, private meeting between the parties, their lawyers and a master or judge in a courtroom. A JCC must be held in all contested family law court proceedings. Further information about JCCs can be found in the section Case | A judicial case conference, usually referred to as a JCC, is a relatively informal, off-the-record, private meeting between the parties, their lawyers and a master or judge in a courtroom. A JCC must be held in all contested family law court proceedings. Further information about JCCs can be found in the section [[Case Conferences in a Family Law Matter]] of this Chapter. | ||
The initial JCC is usually held early on in the proceeding, but parties may request an additional JCC at any time, regardless if the parties have already had one. | The initial JCC is usually held early on in the proceeding, but parties may request an additional JCC at any time, regardless if the parties have already had one. | ||
Under Rule 7-1(15) the court has very broad powers at JCC including the following to promote settlement: | Under [http://canlii.ca/t/53h1z Rule 7-1(15) of the Supreme Court Family Rules] the court has very broad powers at JCC including the following to promote settlement: | ||
*identify the issues that are in dispute and those that are not in dispute and explore ways in which the issues in dispute may be resolved without recourse to trial; | *identify the issues that are in dispute and those that are not in dispute and explore ways in which the issues in dispute may be resolved without recourse to trial; | ||
*mediate any of the issues in dispute; | *mediate any of the issues in dispute; | ||
*without hearing witnesses, give a non-binding opinion on the probable outcome of a hearing or trial. | *without hearing witnesses, give a non-binding opinion on the probable outcome of a hearing or trial. | ||
===Request a Settlement Conference=== | ===Request a Settlement Conference=== | ||
Settlement conferences are available in the Supreme Court at the request of both parties. They are usually not mandatory but can be ordered by a judge or master. They are relatively informal, off-the-record, private meetings between the parties, their lawyers and a master or judge in a courtroom for the purpose of exploring all possibilities of settlement (See Rule 7-2 of the of the Supreme Court Family Rules). For more information see the section Case Conferences in this Chapter. | Settlement conferences are available in the Supreme Court at the request of both parties. They are usually not mandatory but can be ordered by a judge or master. They are relatively informal, off-the-record, private meetings between the parties, their lawyers and a master or judge in a courtroom for the purpose of exploring all possibilities of settlement (See Rule 7-2 of the of the Supreme Court Family Rules). For more information see the section Case Conferences in this Chapter. | ||