What Is a Settlement Conference?
A settlement conference is a private meeting between both parties (and their lawyers, if they have them) and a judge. It happens after the case conference and before the trial. You’re trying to resolve some or all of the issues in your case without going to trial.
Settlement conferences are mandatory in most Ontario family court cases. They’re less formal than a trial, but they still take place in a courtroom or conference room at the courthouse. If you’re representing yourself, knowing what to expect and how to prepare can make a real difference.
The Purpose of a Settlement Conference
The settlement conference serves several important purposes:
- Narrowing the issues: The judge helps both sides identify which issues are genuinely in dispute and which can be agreed upon.
- Exploring settlement: The judge may suggest possible solutions and encourage both parties to negotiate in good faith.
- Getting a reality check: The judge may give their honest opinion on the strengths and weaknesses of each party’s case. It’s not a final ruling, but it can help you understand how a trial judge might see things.
- Setting the stage for trial: If settlement isn’t possible, the judge will help organize the remaining steps to get the case trial-ready.
One thing to know: the judge at your settlement conference won’t be the same judge who hears your trial. That’s why the settlement conference judge can speak more freely and give opinions without affecting your trial outcome.
How to Prepare for a Settlement Conference
Walking into a settlement conference unprepared can seriously hurt your case. Here’s what you need to do.
1. Complete Your Settlement Conference Brief (Form 17C)
You’re required to file a Settlement Conference Brief (Form 17C) before the conference. This document tells the judge:
- What issues are still in dispute
- What facts are relevant to those issues
- What offers to settle you’ve made or received
- What order you’re asking the judge to consider
Your Form 17C must be filed and served on the other party no later than 7 days before the settlement conference. Filing late can result in the conference being adjourned, which delays your case.
2. Gather Your Supporting Documents
Bring organized copies of all relevant documents to the conference, including:
- Your Financial Statement (Form 13 or 13.1), making sure it’s up to date
- Your most recent income tax return and Notice of Assessment
- Pay stubs for the last three months
- Any previous court orders related to your case
- Correspondence between you and the other party about settlement
- Any evidence that supports your position (school records, medical reports, etc.)
3. Know Your Numbers
If child support or spousal support is an issue, know the guideline amounts. Use the Federal Child Support Guidelines tables to calculate the table amount based on income. If property division is an issue, have a clear summary of assets and debts ready.
4. Think About What You Can Compromise On
A settlement conference is a negotiation. Going in with an “all or nothing” attitude rarely works. Before the conference, think carefully about:
- What issues are most important to you
- Where you have room to be flexible
- What a realistic outcome might look like
Judges notice when parties come prepared and willing to work toward a resolution.
What Happens During the Settlement Conference
Here’s a general outline of what to expect on the day:
- Arrive early. Check in with the court clerk and find the correct courtroom or conference room. Dress professionally and bring all your documents in an organized folder or binder.
- The judge reviews the briefs. The judge will have read both parties’ Settlement Conference Briefs (Form 17C) before the conference begins. They’ll already have a good understanding of the issues.
- Opening remarks. The judge may ask each party to briefly explain their position and what they’re hoping to achieve.
- Discussion and negotiation. The judge will guide a discussion about each issue in dispute. They may ask questions, point out strengths and weaknesses in each party’s case, and suggest possible compromises.
- Private meetings (caucus). In some cases, the judge may speak to each party separately. This is called a “caucus.” It gives each side a chance to hear the judge’s candid assessment without the other party present.
- Reaching agreement. If both parties agree on some or all issues, the judge may put the agreement on the record or ask the parties to draft a consent order.
- If no agreement is reached. The judge will set timelines for next steps, which may include ordering further disclosure, scheduling another conference, or setting a trial date.
Tips for Self-Represented Litigants
Representing yourself at a settlement conference can feel intimidating, but many people do it successfully. Here are some practical tips.
- Be respectful and calm. Address the judge as “Your Honour.” Don’t interrupt the other party or the judge. Even if you disagree strongly, stay composed.
- Be honest. Judges can tell when someone is being evasive or exaggerating. Honesty builds credibility.
- Stay focused on the issues. It’s tempting to bring up every grievance from the relationship. Resist that urge. The judge wants to hear about the legal issues (custody, support, property), not personal conflicts.
- Listen carefully. When the judge gives their opinion on your case, pay close attention. They’re trying to help you understand how a trial judge might rule. That information is valuable.
- Take notes. Bring a notepad and pen. Write down anything the judge says about next steps, deadlines, or their assessment of the issues.
- Ask questions if you don’t understand. If the judge uses a legal term or makes a direction you don’t follow, it’s perfectly fine to ask for clarification.
- Be willing to negotiate. The whole point of the conference is to try to settle. Come ready to make reasonable compromises.
What Happens After the Settlement Conference
The outcome of your settlement conference will fall into one of three categories:
Full Settlement
If both parties agree on all issues, the agreement will be put into a court order. Your case is resolved without the expense and stress of a trial.
Partial Settlement
If you agree on some issues but not others, those agreements will be recorded, and the remaining issues will proceed toward trial. This is still a positive outcome because it narrows what the trial judge needs to decide.
No Settlement
If no agreement is reached, the judge will make directions about next steps. This usually includes setting deadlines for any remaining disclosure, scheduling a trial management conference, and eventually setting a trial date.
Regardless of the outcome, the settlement conference forces both sides to look at their case realistically. It often moves things closer to resolution, even if a full settlement isn’t reached on the day.
Key Forms for Settlement Conferences
- Form 17C: Settlement Conference Brief. Required. Must be filed and served at least 7 days before the conference.
- Form 17F: Confirmation of Conference. Must be filed to confirm you’ll be attending the conference.
- Form 13: Financial Statement. Must be up to date if support or property is an issue.
Disclaimer: This content is for educational purposes only and is not a substitute for legal advice. If you need legal assistance, please consult a licensed lawyer.
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