Litigation

Meredith does everything in her power to negotiate a settlement out of court. If settlement is not possible, she has significant experience obtaining positive results for clients in court.

A Court can make decisions regarding divorce, parenting of children, child support, spousal support, property division, restraining orders, preservation of property, division of a pension or the possession/sale of a matrimonial home. These are the broad categories of issues decided in Court, although there are many other issues beyond the scope of this brief article.

The main stages of litigation are Pleadings, Case Conferences, Motions for Temporary Orders, Settlement Conferences, Trial Management Conferences and Trial. At each stage of a proceeding parties are required to prepare and file paperwork, which may include conference briefs, affidavits and financial documents. There is an ongoing obligation for each party to update and correct financial disclosure.

At the decision-making stages (motions and trials), there are fewer opportunities to be creative. Judges are limited to relevant statutes and previous judicial decisions. At Conferences, however, Judges may provide their views, attempt to narrow issues and suggest alternatives to help settle part of or an entire case.

Before going to Court, both parties prepare documents setting out the Orders requested and the background facts relied upon. The party starting the case files an Application and the other party responds with an Answer.

After filing the Application and Answer, the first court appearance scheduled will be a Case Conference. The Case Conference is a less formal opportunity to meet with a Judge, obtain additional disclosure and explore settlement options.

“I found Meredith to be highly intelligent, possessing exceptional communication skills that served me very well in my legal matters within the Court System.”

Before the Case Conference, the Judge reads the materials filed by the parties and expects that the parties will come to Court prepared to have meaningful discussions. If the case is urgent, the moving party must persuade the Court to make an Order at an emergency Motion held before the Case Conference.

Basic information in a Case Conference Brief includes background details about the parties and the children, specific issues which remain unresolved, relevant facts pertaining to the disputed issues and proposals for resolving those issues. Financial disclosure accompanies the materials and generally includes a sworn Financial Statement setting out assets and liabilities, income and expenses.

At a Case Conference, the Judge speaks to the parties and their lawyers regarding the issues in dispute to determine where and why they are stuck, the distance between their positions and which settlement options may be acceptable. It is important to remember that the expressed opinions of the Judge at a Case Conference or Settlement Conference are not binding, but they may be a great way to learn a Judge’s views of the case. The Court may make Orders for disclosure if additional financial information is required.

The Case Conference allows parties to have focused discussions with one another regarding possible settlement. Parties may be able to resolve some or all the issues without protracted litigation. If a settlement is not reached, the Case Conference Judge will generally order that the parties may bring Motions in order to obtain temporary Orders pending trial.

At a Motion the parties file supporting materials, make submissions and refer to the documents they have filed. Temporary orders requested may include parenting decisions and care of children, the possession or sale of the matrimonial home, child support, special children’s expenses, spousal support, restraining orders and preservation orders.

On the road to Trial, other Conferences include Settlement Conferences and Trial Management Conferences. Throughout the litigation process parties are encouraged to continue negotiations and exchange Offers, which often lead to partial or full settlement.

Meredith provides strong legal representation for Family Law Clients necessary to protect their legal rights and interests. Contact the office to discuss your options.