Exit Settlement Conference
What is the purpose of an Exit Settlement Conference?
An exit settlement conference is essentially a final, focused settlement opportunity when the case is already headed toward trial. It isn’t a separate conference defined by the Ontario Family Law Rules; legally, it remains a settlement conference under Rule 17, sometimes arranged locally as an additional settlement opportunity close to trial.
Rule 17(5) says the purposes of a settlement conference include exploring settlement, narrowing disputed issues, ensuring relevant disclosure is available, obtaining admissions that simplify the case. You get a judicial view of how the court might decide the case.
An exit settlement conference as serving three practical purposes:
- Last serious attempt at a global settlement. Put issues before a judge and see whether the remaining gap can be bridged.
- Judicial reality check. Rule 17 expressly contemplates obtaining a view, where possible, about how the court might decide the case. That can be particularly useful where the parties disagree fundamentally about the issues.
- Narrow the trial if settlement fails. Even if the whole case doesn’t settle, you might resolve individual issues or agree on facts, values or documents so that the trial judge has fewer things to determine. Rule 17 specifically identifies narrowing issues and obtaining admissions as purposes of the conference.