A settlement conference in Court is an opportunity for both sides to obtain the opinion of a judge as to the merits (or lack thereof) of their case in order to see if their case can be settled in whole or in part.
A settlement conference must be held before a case can proceed to trial. A private settlement conference proceeds similarly to a case in Court except the conference is conducted by a lawyer with at least 10 years’ experience instead of a judge.
Now that the Court has reduced the services being offered, a private settlement conference can be conducted in order to meet the requirements of the Family Law Rules (required to be followed in court) which require the parties to have a settlement conference before the case can be set down for trial.
This type of process is helpful because it serves as a reality check and can help the parties settle all or part of the case.
Lawyers who provide Private Settlement Conferences
Note
A lawyer conducting a private settlement conference will review both sides’ evidence and positions in forming their opinion. A private settlement conference can reduce the issues proceeding to trial and help parties reach a final agreement.
The lawyers with the VFLP can conduct Private Settlement Conferences whether or not one or both parties is represented by a lawyer. Unlike a Settlement Conference conducted by a judge, a lawyer conducting a Private Settlement Conference cannot make an Order. However, if the parties can agree on terms, that agreement can be converted to a formal court order on consent by way of a “14B” motion form to be submitted to the court by one of the party’s lawyers or one of the parties if neither has a lawyer. Once a Private Settlement Conference is completed, the lawyer conducting the Settlement Conference will send a confirmation to the court on the attached form.