What is the point of a case conference in family law?

The case conference is the most important and vital step in family law litigation. It allows the parties to the matter to consult with a judge and get his/her take on the case at an early stage. A fundamental rule with respect to the case conference is that no motion may be heard nor served until the case conference has taken place. The rule is intended to give the parties a good grasp of the issues at hand, thus creating a scenario where negotiation and resolution is more likely, as opposed to the parties spending countless dollars on motions to figure out the differences between them.

Rule 17(4) of the Family Law Rules summarizes the role the case conference plays in the early stages of litigation and its multi-purposes.

• As mentioned earlier, the case conference enables the parties to reach a settlement earlier due to the influence a judge’s opinion may have on both sides.
• The case conference also clarifies what is in dispute and what is actually resolvable. Once the parties have gone through a case conference, there may be issues that were once thought to be serious and irreconcilable, which are actually not in dispute between the parties. There are also instances where parties come out of a case conference with things they thought were passable issues, but are in reality contentious.
• A focal point of the case conference is that it ensures financial disclosure. Thus, both lawyers are fully able to advise their clients properly.
• With respect to procedural flow, the case allows both parties to sit together and schedule upcoming litigation. The parties can, therefore, leave the conference with a specifically outlined timetable.

To learn more about case conferences as well as the services provided by Krol & Krol, call 905.707.3370 today.