Going to Court does not mean you will be going to Trial. In fact, a case could be made that Family Court’s whole raison d’être is to help you avoid Trial. In Ontario, less than 1% of Family Law cases go all the way to Trial.

You do not want to be part of that 1%.

Trial is not the goal. Trial is extremely expensive and emotionally eviscerating. Standing in a witness box, trumpeting the myriad faults of your spouse to the world is only slightly less excruciating than listening to your spouse trumpet yours. Also, while you have some agency leading up to Trial, once your Trial is over, any opportunity you had to influence the outcome is gone. The judge will make a final decision based on the information and evidence presented during the Trial.

Trial is not the goal; settlement is.

As mentioned in Part One of this series, Family Court is a structured, many-stepped process. At each of these steps, from your first Case Conference to the final Trial Management Conference, there is the opportunity and, indeed, the expectation that some, if not all, of the issues between you and your ex will be settled without a Trial.

Your first court date is likely to be before a Dispute Resolution Officer, not a judge.  These officers are senior lawyers who will hear about your case, try to help you settle, and help ensure that your case is ready for a judge.   

Your first appearance before a judge will likely be a Case Conference. This is your first chance to discuss your case with a judge, who will give you an opinion about the next steps in your case, what a reasonable settlement or next steps might be, and what to do and when.  The atmosphere is often conversational, not confrontational, and focused on resolution, not conflict. The emphasis is on making sure that both parties have shared all the necessary information, identifying the issues in the case, and discussing ways to settle those issues.

To achieve the desired settlement, you may be required to attend multiple Conferences. If there are issues that cannot be resolved, the judge will schedule a Settlement Conference. The aim here is to whittle away at the issues, resolve whatever can be resolved, and discuss offers to settle.

If, after both Case and Settlement Conferences, resolution is impossible, a Trial Management Conference will be scheduled. This conference will determine how the Trial will proceed, the amount of time needed, the witnesses and evidence that will be presented, and when all of this will happen. Even here, at this last step before Trial, everyone involved should try to help you settle your case.

Before Court, after Court, during and between all of the Conferences, the goal is to settle. It’s better for the Court, better for you, and better for your family.

If you have any questions about your Family Court case, or if you want to try to avoid further litigation, our lawyers have the necessary experience to help. Please reach out to us for a free initial consultation.