In the realm of family law, the settlement conference stands as a critical phase aimed at resolving or refining the issues at hand. Be meticulous in your preparation for a settlement conference with a focus on clarity, conciseness, and strategic planning.
The Core of Settlement Conference Preparation
A settlement conference is designed to facilitate the resolution of disputes by narrowing down the contentious issues. As outlined in Rule 17 (4) of the Family Law Rules, this conference requires thorough preparation involving several crucial documents:
- Form 17C: Settlement Conference Brief: This document serves as your narrative, detailing the disputed issues, your perspective, and potential resolutions.
- Form 13A: Certificate of Financial Disclosure: A testament to your financial transparency, crucial for equitable resolution.
- Updated Financial Statements: If your financial statement (Form 13 or 13.1) is older than 60 days, an update is mandatory, ensuring the information reflects your current financial scenario.
- Form 13B and 13C: For married couples dealing with property division, these forms outline each party’s net family property, fostering a clear understanding of assets and liabilities.
- Your Offer to Settle: An integral part of your Settlement Conference Brief, this document outlines your terms for resolving the case, setting the stage for negotiation.
Crafting a Persuasive Settlement Conference Brief
The Settlement Conference Brief is your platform to articulate your stance. However, brevity and relevance are key. The document, capped at 12 pages (excluding attachments ~ but be sure to double check page limitations and your local Practice Directions in your jurisdiction), should:
- Precisely pinpoint the areas of disagreement.
- Present a coherent narrative of events from your perspective.
- Propose viable solutions for resolving the disputes.
Judges appreciate concise yet comprehensive presentations, so avoid lengthy, irrelevant details like protracted text conversations or social media exchanges. Instead, focus on pertinent excerpts that bolster your position.
The Strategic Role of Offers to Settle
Your Offer to Settle is not just a formality; it’s a strategic tool. It should encapsulate a clear, reasonable, and fair proposition for resolving the dispute. This offer not only facilitates negotiations but can also influence cost decisions if the case proceeds to trial. Remember, these offers are confidential and are disclosed to the judge only post-decision, ensuring unbiased judgment.
The Possibility of Merging Conferences
In certain scenarios, a judge might merge a case conference with a settlement conference. This streamlined approach is considered when certain conditions are met, including participation in mediation, completion of domestic violence screening, comprehensive financial disclosure, and the absence of the need for temporary orders.
The settlement conference is a pivotal moment in your family law journey, offering a valuable opportunity to steer your case towards resolution.
Rick Peticca, Associate Lawyer
As your legal guide, I urge you to approach this phase with meticulous preparation, a clear strategy, and a commitment to resolution. With the right preparation, your settlement conference can serve as a powerful platform for shaping a favourable outcome in your family law matter.
