What is a Conciliation Conference in Family Law?

A conciliation conference is a formal meeting held during family law proceedings, aimed at helping separated parties resolve financial and property disputes without going to a full trial. It is usually scheduled after both parties have exchanged relevant financial information and provides an opportunity for negotiation with the assistance of a registrar or judge, acting as a neutral facilitator.

Key Features of a Conciliation Conference:

1. Court-Supervised: A conciliation conference is held within the court system and is facilitated by a court registrar, who is neutral and trained to assist parties in negotiating a settlement. The registrar does not make binding decisions but provides guidance to encourage resolution.
2. Focus on Financial and Property Issues: Conciliation conferences are generally used to address financial disputes, such as how to divide assets, liabilities, superannuation, or handle spousal maintenance. They are not typically used for parenting matters, which are resolved through different processes like mediation.
3. Information Exchange: Before the conciliation conference, both parties are required to provide full and frank financial disclosure, which means you and your ex-partner must exchange all necessary financial documents, such as bank statements, tax returns, and property valuations. This ensures that negotiations are based on accurate and complete information.
4. Confidential: Like mediation, the conciliation conference is confidential. What is discussed during the conference cannot be used in court unless both parties agree. This confidentiality encourages open and honest discussions.
5. Voluntary Agreements: The goal of the conference is for both parties to voluntarily reach an agreement on financial matters. If an agreement is reached, it can be formalized through Consent Orders, which are legally binding. If no agreement is reached, the matter will proceed to trial.

The Process:

1. Preparation: Before the conciliation conference, both parties (often with the help of their lawyers) prepare by gathering relevant financial documents and developing a clear understanding of their position. It is important to know what you are willing to compromise on and what your key objectives are.
2. Conference Day: On the day of the conciliation conference, the registrar will meet with both parties and their lawyers (if they have one). The registrar will listen to both sides and may offer suggestions on how to settle the dispute. The conference will usually start with both parties in the same room, but if tensions are high, the registrar can separate the parties and move between them (a process called “shuttle conciliation”).
3. Negotiation: The registrar will encourage both parties to make offers and counter-offers. The goal is to find common ground and reach an agreement. The registrar may also give a non-binding opinion on how the court might view the case if it proceeds to trial, which can help guide the negotiations.
4. Settlement or Next Steps: If an agreement is reached, the terms will be documented and formalized through Consent Orders. If no agreement is made, the matter may be listed for further court hearings, and the judge will eventually make a final decision.

Benefits of a Conciliation Conference:

• Cost-Effective: Reaching an agreement at a conciliation conference can save both parties significant time and money, as it avoids the need for a lengthy and expensive trial.
• Control Over Outcome: It allows both parties to have a say in the final settlement, rather than leaving the decision entirely in the hands of a judge.
• Confidential: Since the process is confidential, it provides a private setting to resolve financial issues, which can be more comfortable and less adversarial than a court trial.

What Happens if You Don’t Reach an Agreement?

If the conciliation conference does not result in a settlement, the matter will proceed through the court process, and a trial date may be set. However, the discussions from the conference remain confidential, and any offers made during the conference cannot be brought up in court.

How to Prepare:

• Legal Advice: It’s crucial to seek legal advice before attending a conciliation conference. Your lawyer can help you understand your rights, the strength of your case, and the possible outcomes.
• Financial Disclosure: Ensure that you have provided full financial disclosure and that you have a clear understanding of both you and your ex-partner’s financial positions.
• Be Ready to Negotiate: Enter the conference with a willingness to negotiate. While you should have clear goals, flexibility is key to reaching a resolution.

If you need assistance preparing for a conciliation conference, or if you have any questions about the process, feel free to contact us for legal advice and guidance.