Choosing your procedure in the Family Court

Alternative dispute resolution (ADR)

Pre-trial court meetings:

At the Family Court, meetings are held with judges and lawyers to try to avoid the high emotional and financial costs of trials. At times, clients are also present.

The initial session is called the first meeting. When a court case begins and after documents stating each person's position have been exchanged, the lawyers for each person will appear before a judge of the court. This is an organizational meeting in which the judge may take consent orders regarding things that are agreed; as well, that judge will guide the court action forward to a settlement conference, after considering the ADR options which may be appropriate for the family.

The next session is called a settlement conference. This takes place after the first meeting and after there has been a full exchange of information (such as custody assessments, property evaluations, accounting reports). If the case is not yet settled, the same judge who conducted the first meeting will meet with the lawyers and/or their clients to discuss settlement in a very detailed way. The judge will hear about each person's position and may make recommendations.

There may be other sessions after the settlement conference, if everyone agrees that more discussion may help avoid trial. If settlement cannot be achieved, the judge who has presided over these pre-trial meetings will refer the case to trial. It is important to know that pre-trial discussions are confidential, and that the judge who has conducted those meetings cannot be the trial judge.