How to Prepare for a conciliation conference - Lexresolv

How to Prepare for a conciliation conference

Introduction

Typically, the conciliation conference takes place as the second court date in family court. A Registrar conducts the conciliation conference by examining both sides of the case and helps explore options for resolving the issue. 

How to prepare for a conciliation conference  

Before the conciliation meeting, you must communicate information with each other and present information to the Court. For you and your ex-spouse to make the most of the conference,

Each party must have exchanged copies of important financial papers with the other parties at least two days before the Case Assessment Conference in a financial-related matter.

Read Also – Arbitration and Conciliation – Two sides of the same coin, yet different.

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Things to do before a Conciliation Conference?

A registrar oversees a Conciliation Conference (court lawyer).

During the meeting, the registrar will examine the issue from both sides and assist you in exploring options for resolving your dispute without resorting to further legal action.

A registrar cannot provide legal advice, as they can discuss the legal principles that are in use when deciding cases with you.

There are a few exceptions to this rule.

Court personnel is by law to disclose any suspicions or risks of child abuse and violence, as well as threats of violence, to the appropriate child welfare authority.

What can one expect at the conference?

At a Case Assessment Conference, the Court will generally give you directions on what you must do before a Conciliation Conference.

These instructions state that, within 28 days of the conference, each party must share papers relating to the financial issues as ordered by the registrar to the greatest extent possible.

Who Attends?

If the Court orders the Conciliation Conference, both parties must participate in person and may have a representative by legal counsel.

A Judge, Registrar, or other court-appointed employees will also be present or adjudicating. If the Court mandates the conciliation conference, your presence is required. It is preferable to attend so that you can make quick decisions.

Read Also – Conciliation Proceedings under The Industrial Relations Code, 2020

Purpose

A Conciliation Conference is an essential step in the process that can open the lines of communication with your partner while having the support of your legal counsel inside the framework of the courts.

The expectation of reaching some sense of finality in parenting and/or financial matters.

The Court wishes to provide you and your ex-spouse with every opportunity to reach an agreement. No Judge, or anybody else, wants to make life-changing and life-long decisions for another individual.

Attending and striking an agreement at a Conciliation Conference allows you to have some say over the ultimate agreement.

Confidentiality

According to the legislation, if a complaint is not superscribed and goes to Court.

It should not be worn in court proceedings.

The one exception is that while deciding whether to award costs.

The Court may examine the evidence about rejected proposals to remedy the complaint.

Commission

The Commission requests that all parties engaging in conciliation agree in good faith.

This is said to keep what is said and done in conciliation.

It means that what is said and done in conciliation cannot be made public in any form.

Nor you should discuss it with anybody.

Keeping the conciliation ‘private’ allows both parties to have free and honest discussions.

The material shown or discussed in conciliation cannot be in subsequent legal processes.

You mustn’t bring any fresh information to a conciliation meeting to support your version of events.

Outside of the conciliation procedure, this should be provided to the Commission.

Read Also – Famous Conciliation Cases in India

Conclusion

If you are representing an agency, make sure that the person or people attending have the authority to decide the dispute.

They are senior enough and accountable enough to make a decision that will bind the agency.

They will not have to adjourn or postpone a potential settlement of the problem as they need to acquire consent from a more senior person.

If you are the complainant, you may bring a union or legal representative. As well as a friend, as a support person.

REFERENCES

https://www.pacer.org/parent/php/PHP-c292.pdf

https://os-data-2.s3-ap-southeast-2.amazonaws.com/wallacelaw/bundle2/conciliationconference.pdf

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