BC Provincial Court · Part 8

What Happens at a Family Settlement Conference in BC Provincial Court?

A Family Settlement Conference (FSC) is a settlement-focused court appearance in a British Columbia Provincial Court family case under the Family Law Act. Under Part 8 of the Provincial Court Family Rules, a judge helps the parties try to resolve remaining issues by agreement. If the case does not settle, the judge can still make orders and directions that move the matter toward hearing or trial readiness.

An FSC is not a trial. It is also not the same as a Family Management Conference: an FSC is conducted by a judge only (Rule 105), and its primary purpose is settlement (Rule 108(1)).

This page is legal information, not legal advice. It does not tell you what settlement position to take, whether to accept or reject a proposal, or what strategy to use.

Overview

At a glance

  • What it is. A Family Settlement Conference under Part 8 of the Provincial Court Family Rules.
  • Court. Provincial Court of British Columbia.
  • Governing rules. Rules 104 to 108 (Part 8).
  • Who conducts it. A judge only (Rule 105) — not a family justice manager.
  • Usual place in the case. Often after a Family Management Conference when issues remain unresolved (see Rule 56 on FMC next steps).
  • Default attendance. Remote audio or video unless a judge orders otherwise (FAM 11; Provincial Court FSC guidance).
  • Must parties attend? Yes, if directed or ordered to attend (Rule 107(1)).
  • Primary purpose. Help the parties try to resolve disputed issues by agreement (Rule 108(1)).
Rules 104 · 108(1)

What is a Family Settlement Conference?

Part 8 of the Provincial Court Family Rules applies in all registries (Rule 104).

Rule 108(1) states the purpose: a family settlement conference is a process in which a judge helps the parties try to resolve any issues in dispute by agreement.

Official Provincial Court guidance describes an FSC as another chance for the parties to meet with a judge remotely to discuss the case and see whether it is possible to settle without a trial. The court describes it as less formal than a trial. That description is court guidance about practice, not a separate rule requiring every conference to look identical.

An FSC should not be framed as a hearing where the judge simply decides the entire dispute. Settlement is the primary purpose. Orders and trial-readiness steps are secondary tools the Rules allow the judge to use when helpful.

Rule 56

How do you end up at an FSC?

A common pathway for Family Law Act applications in Provincial Court is:

  • Step 1Application About a Family Law Matter (Form 3)
  • Step 2Reply to an Application (Form 6), where one is filed
  • Step 3Family Management Conference
  • Step 4Possibly a Family Settlement Conference

At an FMC, Rule 56 allows a judge or family justice manager to order or direct that a party attend a family settlement conference, among other possible next steps. Official Provincial Court guidance similarly states that if parties do not resolve all issues at an FMC, the judge may order them to attend an FSC.

Not every case goes to an FSC. Whether one is directed depends on the orders and directions made in your case — check the order or notice that applies to your appearance.

For the earlier stage, see what happens at a Family Management Conference.

Rules 105 · 107

Who conducts it, and who attends?

A family settlement conference must be conducted by a judge (Rule 105). That is an important difference from an FMC, which may be conducted by a judge or a family justice manager (Rule 47). An FSC cannot be conducted by a family justice manager.

If directed or ordered to attend, the parties must attend and may be accompanied by a lawyer (Rule 107(1)). On the request of a party, the judge may allow a person who is not a party to attend (Rule 107(2)).

Official Provincial Court guidance states that a lawyer may attend remotely with a party if the party has one, but a lawyer is not required. Whether to obtain legal advice is a personal decision; this page does not recommend a particular choice.

If there has been violence in the relationship, Provincial Court guidance states that you or your lawyer should tell the judge. That is court guidance about safety information the court wants to know.

How do parties usually attend?

Rule 163.1 sets a default that court appearances are in person, and allows the Chief Judge to direct that a class of appearances may or must be attended by telephone, video conference or other electronic means.

Practice direction FAM 11 (effective May 6, 2026) addresses default methods of attendance for court appearances under the Provincial Court Family Rules. Official Provincial Court FSC guidance states that settlement conferences are held by audio or video conference unless a judge orders otherwise, and that in most cases parties do not need to go to the courthouse.

Always confirm the method of attendance on the notice or invitation for your own appearance. Practice directions can change.

Practice vs the Rules

What actually happens at an FSC?

The Rules do not script a minute-by-minute agenda. Rule 108 sets the purpose and lists what the judge may do. Official Provincial Court guidance describes a common sequence in neutral terms:

  • Introductions and an explanation of how the conference will run
  • A short summary from each party of the problem that brings them to court — not a long, detailed presentation of all the evidence
  • Questions so the judge can understand the legal issues and each party's goals
  • Discussion of settlement possibilities, including, where children are involved, children's needs and parenting arrangements
  • In some cases, comments on perceived strengths or weaknesses of positions, or a perspective on the case
  • Discussion of the type of evidence that may be needed if the case does not settle

That description is court guidance about practice, not a rule that every conference must follow the same script.

You are not presenting your entire trial case. You are helping the judge understand what remains unresolved, what matters to each side, and whether an agreement is possible.

Provincial Court guidance also states that parties must listen respectfully and not interrupt, so each party can describe their concerns and the judge can ask questions.

Rule 108

Can the judge make orders at an FSC?

Yes. Rule 108 lists what the judge may do.

Settlement and mediation powers — Rule 108(2)

At a family settlement conference, the judge may do one or more of the following:

  • 108(2)(a)mediate any issues in dispute;
  • 108(2)(b)make any order with the consent of the parties;
  • 108(2)(c)make a conduct order under Division 5 of Part 10 of the Family Law Act;
  • 108(2)(d)adjourn the FSC for a period or generally for any purpose, including to allow the parties to comply with a consent order;
  • 108(2)(e)direct or order the parties to participate in consensual dispute resolution, attend a further FSC, attend a trial preparation conference, or attend a court appearance;
  • 108(2)(f)make an order for disclosure of information, including financial information, that may assist readiness for a hearing or trial;
  • 108(2)(g)give a non-binding opinion on the probable outcome of a hearing or trial.

Orders like those available at an FMC — Rule 108(3) and (4)

If evidence is not required, the judge may also make any order that may be made at a family management conference — one that may assist the parties to resolve any issues in dispute by agreement, or that may assist in readiness for a hearing or trial (Rule 108(3)). A judge at an FSC may make an order under Rule 108(3) in the absence of a party (Rule 108(4)).

An FSC is not simply another hearing where you ask the judge to decide the whole dispute. Its primary purpose is settlement. The order powers support that purpose and, if needed, trial readiness.

This page describes the court's authority under the Rules. It does not advise which order, if any, a person should seek.

Court guidance

Is the FSC confidential?

Official Provincial Court guidance states that the conversation between the parties and the judge in a settlement conference is private and confidential. The court's guidance explains that if the matter ends up in a trial, neither party may mention anything said in the settlement conference to the trial judge. The stated reason is to help parties speak freely without worrying that admissions or acknowledgements made in settlement discussions will be used against them if the case does not settle.

Where this comes from matters. That confidentiality description comes from Provincial Court guidance, not from a separate confidentiality clause in Part 8 of the Rules. Always confirm current court guidance for your appearance.

Separately, Rule 166 addresses confidentiality of information in the Rules generally. This page does not restate Rule 166 in full.

Rule 106

Will the same judge hear my trial?

Usually not.

Rule 106 provides that a judge who conducts a family settlement conference may conduct a trial in respect of the same issues only if no other judge is reasonably available to conduct the trial.

Official Provincial Court guidance states that a different judge from the one who hears the settlement conference will likely hear the trial. That is consistent with Rule 106's default structure, with the limited exception where no other judge is reasonably available.

Before you attend

How should I prepare?

Preparation for an FSC is about organisation. Provincial Court guidance recommends that parties think about the key issues and how agreement might be reached, and also plan for a trial in case one is needed. Drawing on that guidance, a practical list to write down before the conference:

  • Every issue still in dispute
  • What has already been agreed
  • What result you want on each unresolved issue
  • What you understand the other person wants
  • Where compromise may realistically be possible
  • The most important facts and documents relevant to the unresolved issues
  • Copies of relevant documents for the other party, if disclosure and exchange are part of preparing the file
  • A list of possible witnesses and a brief note of what each might say if the case goes to trial
  • Any missing disclosure that may be needed before a hearing or trial
  • Any relevant notices, policies or practice directions that apply to your appearance

Where children are involved, the law makes the children's best interests the main consideration on issues affecting children. This page states that legal framework; it does not tell you what parenting plan to propose.

This is a list for organising information. It is not settlement coaching and not advocacy coaching. Provincial Court guidance notes it can be useful to talk to a lawyer before the conference; whether to do that is a personal decision.

Outcomes

What happens next?

If you settle

You and the other party may settle all issues or only some. If you agree on a way to settle an issue, the judge can make an order with the parties' consent (Rule 108(2)(b)). Provincial Court guidance states that a judge can make an order at a settlement conference where the parties agree on a way to settle an issue, and that some or all issues can be resolved that way. Any unresolved issues can continue through the court process.

If you do not settle

The FSC can still narrow the dispute and improve readiness. Under Rule 108 the judge may, among other things, make disclosure orders including financial disclosure (108(2)(f)); give a non-binding opinion on probable outcome (108(2)(g)); direct or order consensual dispute resolution, a further FSC, a trial preparation conference or another court appearance (108(2)(e)); and, where evidence is not required, make FMC-type orders that assist settlement or readiness (108(3)).

Provincial Court guidance states that if the parties seem unlikely to agree, the judge will discuss what both parties need to do to get ready for trial, including exchanging documents or other evidence and estimating trial time. If the time estimate is long, the court may require a trial preparation conference before trial.

For the organizing work behind that discussion — mapping each unresolved issue to the facts, evidence, documents and witnesses it depends on, and estimating the time each one may take — see setting a family trial.

The process spine

There is no single automatic path from FSC to trial. The next step is whatever the judge orders or directs under Rule 108.

  • Part 4Family Management Conference
  • Part 8Family Settlement Conference
  • Rule 110Trial readiness, including the Trial Readiness Statement where it applies
  • Rules 111–113Trial preparation conference
  • Part 9Provincial Court family trial
FAQ

Questions people actually ask.

Do I have to attend?

If you are directed or ordered to attend, Rule 107(1) requires the parties to attend. They may be accompanied by a lawyer.

Is the FSC in person or remote?

Provincial Court FSC guidance states that settlement conferences are held by audio or video conference unless a judge orders otherwise. FAM 11 addresses default methods of attendance under the Provincial Court Family Rules. Check your notice for your own appearance.

Do I need a lawyer?

Rule 107(1) allows a lawyer to accompany a party. It does not require a party to have one. Whether to obtain legal advice is a personal decision; this page does not recommend a particular choice.

Is an FSC a trial?

No. An FSC is a Part 8 settlement process. Trials and trial preparation are governed by Part 9.

Can the judge decide who is right?

The primary purpose is settlement (Rule 108(1)). The judge may mediate issues, make consent orders, and under Rule 108(2)(g) give a non-binding opinion on the probable outcome of a hearing or trial. That is not the same as a binding trial decision.

Can the judge make orders if we do not fully settle?

Yes, within Rule 108 — including consent orders on settled issues, disclosure orders, conduct orders, adjournments, directions to further processes, and, where evidence is not required, certain FMC-type orders under Rule 108(3), including in a party's absence under Rule 108(4).

Will the FSC judge be my trial judge?

Generally no. Rule 106 limits the FSC judge from conducting the trial on the same issues except where no other judge is reasonably available. Provincial Court guidance states that a different judge will likely hear the trial.

Are settlement discussions confidential?

Provincial Court guidance states that the conversation at the settlement conference is private and confidential, and that if the matter goes to trial, neither party may mention anything said in the settlement conference to the trial judge. Confirm current court guidance for your appearance.

Official sources

Where this comes from.

Statements of purpose and of the court's powers follow Part 8 of the Provincial Court Family Rules. Descriptions of how a conference typically runs, remote attendance, confidentiality of settlement discussions and preparation are attributed to Provincial Court guidance rather than to the Rules, and are identified as such above. This page provides general legal and procedural information for British Columbia. It does not provide legal advice, tell you what settlement position to take, or predict what a judge will do. Rules, practice directions and court guidance change — always confirm against the current versions before relying on them for a filing or an appearance. Last source review: September 2026.

Related guides

Where this sits in the process.

Family Management Conference — the stage most cases reach first.

How a Provincial Court family case starts — the whole sequence, each step tied to its rule.

Application About a Family Law Matter (Form 3)  ·  Reply (Form 6)

Where a disclosure order is made, the Provincial Court financial statement is Form 4.