Following the exchange of disclosure and the receipt of necessary appraisals, one or both parties can make an offer to settle the matters that are in dispute. If the parties can agree on a resolution, they can sign a Separation Agreement or Consent Judgment to finalize matters between them. If the parties cannot reach an agreement, the next step in the court process is to have the matter set down for a Pre-Trial Settlement Conference.

A Pre-Trial Settlement Conference is effectively a mediation, where the mediator is a Judge. The Judge is there to offer advice and assistance to the parties by reviewing the strengths and weaknesses of their case, if the matter were to proceed to trial, in an effort to get the parties to move towards a settlement. Pre-Trials usually take place at the courthouse with counsel for each party, if they are represented. Anything discussed at Pre-Trial cannot be used in the court process later on if an agreement is not reached. A large majority of family law matters settle at Pre-Trial. If this occurs, Minutes of Settlement are usually drafted by the lawyers for both parties and signed that day.

If you are facing the prospect of a trial in a family law matter and you would like assistance or advice on this process, please contact our family law team at www.mckercher.ca/familylawsask.