5 Tips on Your Judicial Case Conference in BC

A Judicial Case Conference in BC is a private meeting between the parties, their lawyers (if they have lawyers) and a judge or Master at the BC Supreme Court. It occurs at the early stages of a family law proceeding, and is almost always mandatory. It can be used as a venue to discuss and settle some or all issues – whether procedural or substantive.

If you know how to use a Judicial Case Conference or “JCC” properly, you could save fortunes on legal costs and time wasted on litigation.

A judicial case conference is sometimes the most important stage of any family law litigation in BC and should be used wisely and efficiently.

Let’s look at some tips on how make the best of your JCC.

Tip #1: Financial Statements at the Judicial Case Conference

By law your are required to file and serve your Financial Statements at least 7 days prior to your Judicial Case Conference. If you do not do this, your JCC will likely be a complete waste of time, and you will walk away with not much except a dismayed judge.

The judge or lawyers will not be able to help you and your spouse to reach any sort of meaningful settlements on financial issues if proper financial information is not available. Issues such as property and debt division or support are often settled through a review of Financial Statements . This is because Financial Statements provide a snapshot of each party’s:

• Assets
• Debts
• Income
• Expenses; and
• Budgets or Expenses for Children.

Once both parties have the above information, they are much more equipped to do their calculations and reach a family law settlement in BC.

Tip #2: Have a Strategy Before the Judicial Case Conference

Many people walk into a JCC without any plans, prior discussions or strategies as to how to resolve their case. They come to the Judicial Case Conference wanting to talk about a broken relationship or blame the other person for the past. That is not what a JCC is used for.

You must come to the Judicial Case Conference with solutions, not problems. Otherwise, you will be wasting everyone’s time and resources, including yours.

As a Divorce Lawyer in BC, here is what I do with my clients prior to the Judicial Case Conference to strategize and make the best use of it:

• I set up a 1-2 hour meeting to see where we are in the case;
• I ask my client what his/her goals are, and what he/she wants to resolve the most;
• I let my client ask me any questions he/she may have;
• I review the other party’s financial statement to see whether we can make offers on child or spousal support based on the information in the Financial Statement;
• I see whether there are any documents I want from the other side that the Judge can order them to give;
• I see whether the case is ready for a comprehensive offer to settle that we can explore with the help of the judge;
• I confirm with the client what I need to say about the case and how to argue his/her case in front of the judge for the best results, etc.

Tip #3: Utilize Caucus at the Judicial Case Conference

The amazing thing about JCCs in BC are that you have free assistance from an expert (the judge) to resolve your problems. The best thing you can do is to utilize that assistance as much as you can.

I generally see two types of judges at my Judicial Case Conferences:

• Judges who are very active, and passionate about helping people resolve their case;
• Judges who take a more passive approach and do not offer much help unless you ask.

You will be very lucky if you got an active judge. I have seen unbelievable results from judges who really put their heart and soul to help. But if you get a passive judge, not all is lost. Perhaps you can ask for their help, their opinion or ask them to meet with you privately to tell you what they think about your chances of success given you position.

At anytime during the Judicial Case Conference, you can ask the judge to have a private caucus with you and you lawyer. During that caucus you can ask the judge many questions and get helpful answers. Some of the questions I usually ask are:

• If you had to make a decision on this case, what would you order?
• Do you think we have a reasonable position when it comes to spousal support?
• What do you think we have to prove to win our case?
• What do you think would be a good mid-way settlement?
• Do you think we are being reasonable?

Tip #4: Have a Judicial Case Conference Brief

A Judicial Case Conference Brief is a document that summarizes the following:

• Background information about the parties, including date of marriage, separation, number of children, etc;
• Issues relating to the case, including custody, property division, debt division, child and spousal support;
• Issues at dispute and each party’s position on them;
• Proposed solution to the party’s issues; and
• Orders sought form the judge – both procedural and substantive.

A JCC brief can be very useful for the judge, as it gives a synopsis of the case and can often be filed prior to the JCC. Some litigants have difficulty remembering everything they need to say or simply get too nervous in front of the judge. In that case, a JCC brief can come to the rescue and keep everything on track.

Tip #5: Book Another JCC If you Need To

Judicial Case Conferences in BC are generally about 90 minutes in length. Sometimes there is a lot of movement to bring the parties close to a settlement at a JCC but 90 minutes may simply be insufficient to resolve all issues.

Many judges offer to make themselves available for a second or third JCC to help finalize the settlement. Generally, people do not litigate or go to court in between JCCs, and things are kept amicable and level until the next JCC.

JCCs are really like mini mediations where you do not have to pay for the mediator’s (judge’s) time. So book and use as many as you can to resolve your case.

Remember litigating issues cost on average 5 to 15 times more than settling issues through mediation or JCCs. So exhaust all options to settle before litigation.

To learn about your rights and how to best strategize your case for the JCC, contact our award-winning divorce lawyers at 604-974-9529 or get in touch.