Settlement Conferences in Ontario Family Court

What Is a Settlement Conference?

A settlement conference is a meeting with a judge that takes place during a family court case, focused specifically on trying to resolve the issues that are still in dispute before the case would otherwise proceed to trial. Like a case conference, it is not a trial — there is generally no formal evidence, no witnesses giving testimony, and no cross-examination. Instead, the parties (with their lawyers, if they have them) and the judge discuss the outstanding issues, each side's position, and whether there is room for compromise.

Settlement conferences are provided for under Ontario's Family Law Rules, the regulation that sets out procedure for family cases, and take place in whichever court is handling the case — the Ontario Court of Justice, the Superior Court of Justice, or a Family Court branch. Depending on the court and whether the parties have lawyers, a settlement conference may be held in a courtroom or a conference room at the courthouse.

The underlying goal is straightforward: to give the parties a real opportunity to settle the case, or narrow the issues in dispute, with active input from a judge, before the parties commit to the time, cost, and uncertainty of a trial. For a broader orientation to how a family court case generally proceeds, see getting started with family court.

When a Settlement Conference Generally Happens

A settlement conference is generally a later step in an Ontario family court case. It typically happens after one or more case conferences have already taken place, and once the parties have generally exchanged financial disclosure and had a chance to identify which issues are actually agreed and which remain contested. It generally comes before a case would proceed to trial.

Some cases involve only one settlement conference; others involve more than one, depending on how complex the issues are and how much progress is made each time. A court may also require a settlement conference even where the parties feel a trial is inevitable, since the rules generally treat a genuine attempt at settlement as a required step rather than an optional one.

Because timing and local scheduling practices vary by courthouse and by how busy a particular court is, treat any specific timeline as approximate — confirm current practice and wait times with the court handling your case.

Is a Settlement Conference Confidential?

Generally, yes. Discussions at a settlement conference, along with the offers to settle exchanged there, are treated as confidential and without prejudice. In practical terms, this generally means that what is said, and any offer made, cannot later be used against you if the case does not settle and instead proceeds to trial or to a motion.

This protection exists so that both sides can speak candidly and explore realistic compromises without worrying that a settlement position will be held against them later. It is one of the reasons settlement conferences can be more productive than simply exchanging offers by letter or email, where there is no similar protection.

As with any general rule, there can be exceptions and nuances depending on the circumstances, so if you are unsure what you can and cannot disclose about a settlement conference in your own case, that is a good question to raise with a legal professional rather than assume.

Can a Judge Give a View on the Likely Outcome?

This is one of the features that most distinguishes a settlement conference from a case conference. In some practices, a judge presiding over a settlement conference may share a non-binding view of how the outstanding issues might be resolved if the matter proceeded to trial, as a way of helping the parties see the case more realistically and encouraging settlement.

It is important to be careful about how this is described, because practice is not perfectly uniform. How much a judge comments on likely outcomes, how directly, and whether they do so at all, can vary considerably depending on the individual judge, the court location, and the specific circumstances of the case. Some judges take a more active, commentary-style approach; others focus more narrowly on procedural questions and encouraging the parties to negotiate between themselves. Any view a judge does share is not a decision and is not binding — a different judge, applying the actual evidence at a real trial, could reach a different result.

Because of this variability, treat anything you hear (or hear about secondhand) regarding "what a judge will likely say" at a settlement conference as a general possibility, not a guarantee, and rely on a qualified professional's advice about your specific case rather than assumptions about how any particular judge will approach it.

Preparing for a Settlement Conference

Ontario's Family Law Rules generally require each party to prepare and file a settlement conference brief in advance, setting out which issues are already resolved, which remain in dispute, a summary of each side's position, and any offer to settle. This brief is generally more detailed than the one used for an earlier case conference, since it needs to include a genuine settlement offer, not just a description of the issues.

1. Confirm what has already been resolved

   Review any earlier conferences, agreements, or partial resolutions so your brief reflects only the issues genuinely still in dispute.

2. Review and organize financial disclosure

   Where support or property is in dispute, make sure your figures and documents are current and consistent with what you have already provided.

3. Prepare a realistic settlement position

   Think through what outcome you are asking for, and what you might be willing to accept, rather than only your opening position.

4. Complete and file your settlement conference brief on time

   Courts generally set firm deadlines for filing this brief before the conference date; missing the deadline can affect how the conference proceeds.

5. Plan for what happens either way

   Go in prepared both for a possible settlement and for the case continuing toward trial if it does not resolve.

Because the brief and the deadlines for filing it are set by the Family Law Rules and can involve technical requirements, many people find it useful to have a lawyer, paralegal (where permitted), or a Family Law Information Centre review their approach before the conference date.

What Happens If You Settle

If the parties reach an agreement at a settlement conference, on all or some of the issues, the terms are generally written down at the conference or shortly afterward. From there, the settled terms can generally be turned into a separation agreement or a consent court order, which then formally governs those issues going forward instead of leaving them to be decided at trial.

Where only some issues settle, the case generally continues with respect to whatever remains outstanding, following the same general path toward trial described below, while the settled issues are no longer in dispute.

What Happens If You Don't Settle

If the settlement conference does not resolve the outstanding issues, the case generally continues toward trial. Depending on the court, the parties may need to complete additional scheduling steps at or after the conference, identifying which issues remain contested, which witnesses each side plans to call, and roughly how much trial time the case is expected to need.

A trial is generally the last stage of a contested family court case, and is used in only a minority of cases, since most matters resolve earlier through negotiation, mediation, or the conference process. For what a trial itself generally involves, see family court trials.

Settlement Conference vs. Case Conference

Case conferences and settlement conferences are both meetings with a judge, held before a family court case reaches trial, and both are generally treated as confidential, without-prejudice discussions rather than formal hearings. Their focus and timing, however, are different.

• Timing: a case conference generally comes first, often shortly after a case is filed and defended; a settlement conference generally comes later, after disclosure is more complete.
• Focus: a case conference generally focuses on identifying the real issues in dispute and planning next steps; a settlement conference focuses specifically on trying to settle those outstanding issues.
• The judge's role: in some practices, a judge is generally more likely to comment on the likely outcome of a trial at a settlement conference than at an earlier case conference, though this varies, as discussed above.

For a closer look at the earlier stage, see case conferences, or for a wider orientation to how these steps fit into a case overall, see getting started with family court.

Frequently Asked Questions