Conferences

Conferences serve two main purposes: to help parties resolve their dispute without a full hearing, and to manage the progress of the case. Courts strongly encourage settlement. A judge at a conference can give parties a realistic assessment of their case, help them understand the risks of going to trial, and facilitate agreement. Even if full settlement is not reached, conferences often narrow the issues so that a trial (if needed) is shorter and less expensive.

A case conference is usually the first conference in a family law case. It is informal — the judge, both parties, and their lawyers (if any) sit around a table rather than in a formal courtroom setting. The judge will ask each party to briefly explain their position, identify the issues in dispute, and explore whether any issues can be resolved. The judge may also give a preliminary view of the case. Case conferences are confidential — what is said cannot be used at a later hearing.

A settlement conference is a more focused attempt to resolve the case. It usually happens after a case conference has not fully resolved the issues. The judge at a settlement conference will often give a frank assessment of each party's position — including the weaknesses. This can be uncomfortable, but it is designed to help parties make realistic decisions about settlement. Come prepared with a genuine settlement proposal and a clear sense of your bottom line.

Before a conference, file a conference brief — a short document summarizing your position, the issues in dispute, and what you are proposing. Most provinces have a standard form for conference briefs. Exchange your brief with the other party before the conference. Review the other party's brief carefully. Come prepared with specific settlement proposals, not just a list of grievances. Judges appreciate parties who come to conferences ready to negotiate in good faith.

If you reach an agreement at a conference, the judge can record it as a consent order on the spot, or the parties can sign Minutes of Settlement to be formalized later. Make sure any agreement is recorded in writing before you leave the courthouse. Do not rely on a verbal agreement — memories differ and circumstances change. If you are not sure whether an agreement is fair, ask for a short break to consult with a lawyer before signing anything.

If a conference does not resolve all issues, the judge will make a procedural order setting out the next steps — which might include another conference, a motion, or a trial date. The judge may also make temporary orders on unresolved issues to maintain stability while the case continues. Not resolving at a conference is not a failure — it is a normal part of the process. The conference will have narrowed the issues and given both parties a clearer picture of the case.