A Resolution Management Conference (RMC) hearing in family law is typically set once a response is filed. This hearing is an opportunity to put any prior agreements between the parties on the record and to establish any future calendaring.
Purpose of the RMC Hearing:
- Facilitate Settlement: The primary goal is to encourage both parties to settle their disputes amicably and reach a resolution without the need for a lengthy trial.
- Case Management: The hearing helps the court understand the status of the case, identify unresolved issues, and develop a plan for moving forward.
What to Expect During the Hearing:
- Preliminary Discussions:
- Overview of the Case: The judge or hearing officer will review the case’s progress, including any submitted documents, motions, or previous rulings.
- Status Updates: Both parties may be asked to provide updates on the status of the case, including any ongoing negotiations or agreements.
- Settlement Discussions:
- Negotiation: The court may facilitate discussions between the parties to explore potential settlement options. This might involve negotiations on issues like custody arrangements, property division, or support payments.
- Mediation: In some cases, the court might recommend or require mediation services to help resolve disputes.
- Identification of Issues
- Unresolved Matters: The court will identify any issues that remain unresolved and require further attention. This might include financial disclosure, discovery disputes, or specific legal arguments.
- Action Items: The court may outline specific tasks or deadlines for both parties to address these unresolved issues.
- Scheduling
- Future Hearings: The court will schedule additional hearings or deadlines for motions, discovery, or other procedural steps if necessary.
- Trial Preparation: If a settlement is not reached, the court may set a timeline for preparing for trial, including deadlines for submitting evidence or witness lists (disclosure).
- Inactive calendar/dismissal date: The Court’s way of keeping their docket clean. If there is no movement on your case by this date, the court will dismiss it. If represented, your attorney will ensure this does not get dismissed. Additionally, prior to the dismissal date, the court has an expectation that the parties will file documentation outlining whether the case has settled, the parties need additional time, or certify that the case is ready for trial.
- Legal Advice:
- Representation: It’s highly recommended to have legal representation during the RMC hearing. Your attorney can provide advice, negotiate on your behalf, and ensure that your rights are protected.
Preparing for the RMC Hearing:
- Documentation: It will help your case move forward swiftly if you provide all relevant documents, including financial records, previous court orders, and any settlement proposals by the deadline given by your legal team.
- Clarity: Be prepared to clearly articulate your position on disputed issues and todiscuss potential solutions with your attorney. Your attorney will do most of the speaking on your behalf.
- Negotiation: Consider your priorities and be ready to negotiate and compromise where possible to reach a resolution.
Potential Outcomes
- Settlement Agreement: If both parties reach an agreement, the court may formalize the settlement and issue an order reflecting the terms.
- Continued Litigation: If a settlement is not achieved, the court will provide guidance on the next steps and continue to manage the case towards trial.
