Divorce Guide: Resolution Management Conference

Here’s What You Should Know about a Resolution Management Conference.

Introduction

Like most people going through a divorce, chances are high that you will participate in a Resolution Management Conference. A Resolution Management Conference takes place at court and is before the judge over your case.

People are often terrified of going to court and want to know what to expect. In this article, I will cover what a Resolution Management Conference is, how it gets set, what you need to do beforehand, and what will happen at the Conference.

What is a a Resolution Management Conference?

First, let’s get the lingo down. A Resolution Management Conference is commonly referred to as an “RMC.” So, if you hear lawyers or judges use the term RMC, they’re most likely referring to a Resolution Management Conference.

A Resolution Management Conference is essentially what the name implies. It’s a conference where the parties and lawyers go before the judge and try to resolve issues in the case and implement some actions to help manage the case.

The first part of Rule 76, ARFLP helps a little to explain the purpose of an RMC, which is “to facilitate agreements between the parties.” Now, it’s honestly more than just that because the court can also enter procedural orders to help further the case along, such as discovery deadlines, expert witness appointments, and referrals to different types of mediation.

I’ll go into more detail a little later about exactly what gets done at an RMC, but for now, it’s good to also understand that an RMC is not a trial, it’s not a hearing, and the court cannot enter substantive orders unless both parties agree.

As an example, the court cannot enter a parenting time order or temporary child support order at an RMC unless both parties agree to those orders.

I think it’s important to understand this aspect of an RMC to (1) calm your nerves, and (2) set your expectations as to what will and will not happen at the RMC.

Almost all of the time, an RMC will be in person. So you will actually have to go down to court and be in the courtroom before the judge for the RMC.

Ok, that’s the basic gist, now let’s talk about how an RMC gets set up.

Setting a Resolution Management Conference

In most cases, a Resolution Management Conference (RMC) will be set for one of three reasons.

(1) The court sets an RMC on its own.

This can happen if there is a time period where nothing is filed with the court after the divorce petition and response have been filed. This allows the court to get the parties together, come before the judge, and figure out what is at issue in the divorce.

(2) One of the parties filed to have an RMC set.

This can happen if one of the parties wants to keep the ball rolling and get the case to continue moving forward toward a final resolution. Under Rule 76, the court will have to set an RMC within 60 days of a party filing a request for an RMC.

(3) One of the parties has filed for temporary orders.

So, there were a lot of rule changes that happened beginning this year, and one of those has to do with temporary orders. It used to be that once a party filed a motion for temporary orders, the court had to hold a hearing, or some type of conference within 30 days. More times than not, the court would schedule a return hearing or possibly an RMC to meet that requirement and then scheduled a temporary orders hearing at that time, which would often be another 30 days out or so.

Now, the rule basically requires the court to hold an RMC first, within 30 days of the motion being filed. The court would then have to schedule the temporary orders hearing within 30 days of the RMC. The rule does still allow some flexibility either way, meaning the court could hold the temporary orders hearing first, or even push it out past 30 days after the RMC, for good cause shown.

I mention this option/possibility and these changes because filing a motion for temporary orders can cause an RMC to happen faster than simply requesting an RMC.  However, you wouldn’t want to file a motion for temporary orders purely for the sake of getting an RMC faster because filing for temporary orders will cause a hearing to be set and should only be filed if you really want temporary orders entered. If you’re curious about temporary orders and haven’t listened to it yet, you can listen to episode 10 of the Podcast to learn more about temporary orders.

What you need to do before the RMC

Under Rule 76, there are two requirements that need to be dealt with before the RMC.

One is to confer with the other party/lawyer to try to resolve as many issues as possible.

This requirement doesn’t apply if the parties don’t have lawyers and there are any protective orders in place. The rule requires that this happen no less than 5 days before the Resolution Management Conference, which generally would mean 5 business days.

In addition, you will be required to file a written resolution statement setting forth any agreements reached and your position on all disputed issues in the case.

This statement is supposed to follow form 4 per rule 97.

Your deadlines may be altered by your judge.

Now, when the court does set an RMC it will often enter additional orders that need to be completed before the RMC, typically one week before. Each court/judge is a little different so it will be imperative that you read your own court orders, but typically, the court will order something along these lines.

The requirement to confer will often be ordered to be done either one week before the RMC, or sometimes as close as right before the RMC. So, depending on the order, a lot of people or attorneys will meet at the courthouse an hour or so beforehand to confer and try to resolve issues before the RMC.

In addition to the resolution statement that you’ll have to file, the court will often order that you complete the rule 49 disclosures before the RMC. Now, rule 49b says that the disclosure statement is due no later than 40 days after the first responsive pleading (typically the response to the divorce petition) is filed. So, in most cases the disclosure would be due anyways, but you’ll often see it in the same court order that sets the RMC. I’ll do a separate episode on the Rule 49 disclosure later, but for now, be aware that you’ll likely have to complete that disclosure before the RMC.

Again, the court will enter an order, usually in the form of minute entry setting the RMC, which will include these additional requirements and deadlines. Be sure to pay attention to and follow those orders and deadlines.

What happens at the Resolution Management Conference?

Alright, the time has come and you’re going to the RMC. So what happens?

What do you wear to Court?

This is my subjective opinion, but I think it’s good to be conservative in your clothing, but you don’t have to be formal either. For men, wear pants for sure. Jeans are fine in my opinion. A suit isn’t necessary. I typically suggest business casual, but even jeans and a polo would suffice.

For women, pants are fine too. Dresses and skirts shouldn’t be too short. Nothing too revealing. Again, business casual is a good happy medium.

For both I would say don’t wear hats, and no sunglasses. Most court buildings will even have something to that effect posted outside the court room. Also, be sure to NOT bring your kids to court. Find babysitters if necessary. Cell phones should be turned off when going into the courtroom, and of course, weapons aren’t allowed in the courthouse.

What does the Courtroom look like?

The judge’s seat will be at the head and a little higher like a pulpit at church. To each side of the judge’s seat there will typically be one or two people sitting at a desk, which are a clerk and bailiff. To the other side is often a witness stand. Then there will be two tables set in front of (but not too close to) the judge’s seat, and then a bar and some chairs or benches.

Not every room will have a jury box, but most will. People, and even new lawyers, may wonder where they should sit. Most courtrooms have labels at the tables indicating one to be for Petitioner (the one who filed for divorce) and the other the Respondent (which is the other spouse). If they’re not labeled, an easy way to remember is the Respondent will sit at the table furthest away from the jury box. Even though there’s no jury in divorce cases, this is how civil and criminal cases operate and so family law cases follow the same protocol.

The judge may or may not be in the room when the RMC starts. If not, when he/she enters the bailiff will ask everyone to stand. The judge will then have everyone be seated.

Ok, now let’s discuss the substantive nuts and bolts of what happens.

Rule 76 actually explains this in detail, which I’ll cover and provide some commentary.

The court can enter binding agreements on the record under rule 69.

Basically, if you and your spouse reach an agreement on any issues, the court can read those on the record, ask some confirming questions to make sure the agreement is accurate and fair, and then adopt those agreements as binding orders.

The court can determine the positions on the disputed issues and explore solutions to facilitate resolution.

This can be something like setting up mediation, or appointing an expert, or other case management options to help you and your spouse resolve the issues in your case.

The court can enter temporary orders based on agreements, OR if you both agree the court can based on statements made that day and any argument provided without an actual hearing.

I’ll point out that the court can only do this if you both agree. If you both don’t agree, then the court cannot enter temporary orders (such as support, parenting time, exclusive use of the home). This limitation is embodied in the rules now and stems from a case about a decade ago called Villares v. Pineda.

The court can enter evaluations, assessments, appraisals, testing, appointments or other special procedures to manage the case and resolve disputed issues.

This is kind of like what I read earlier, but a little more specific. The court can order the parties to drug test if drug abuse is a concern. The court could appoint an appraiser for real estate or businesses, although the parties will have to pay for it. The court can also order for the parents to participate in a parenting conference or other types of custody evaluations.

The court can resolve any discovery and disclosure issues, disputes, and scheduling.

This helps the flow of information and allows both parties the opportunity to be well informed to make settlement decisions and/or prepare for trial.

The court can allow for the amendment of any pleadings.

This doesn’t happen as much in family law cases as maybe civil or criminal, but it can be necessary.

Assist in identifying the issues of fact and law still in dispute.

This will mainly be done by the court reading your resolution statements prior to the RMC and will help the judge know going into the RMC what can and maybe should be done to help further the case along.

Refer a matter for settlement conference.

This can be in the form of informal meetings, private mediation, or what’s known as ADR or alternative dispute resolution

Order other ADR processes.

Kind of the same as above.

Schedule an evidentiary hearing, a trial, and any other necessary hearings.

Depending on the case and issues, the court probably won’t schedule a trial just yet. Rather, the court will probably order some discovery deadlines, maybe a form of mediation, and then schedule a return or status conference to see how things have progressed before setting trial. However, the court certainly can schedule a trial at an RMC, which of course would be held at a later date.

Set the date for filing the pretrial statement.

This probably won’t happen until the trial is actually set, but again, it’s possible.

Impose time limits on trial proceedings and issue orders about managing documents, exhibits, and testimony.

This is a little more advanced and probably will only happen is attorneys are in the case. However, the idea would be to set some ground rules up ahead of time to make things go smoothly as the parties prepare for trial and hopefully avoid problems or issues later on.

Make such other orders as the court deems appropriate.

This is a catchall that allows the court some flexibility in case there are some unique circumstances to address.

Summing it all up

Now, with all of that said, there are typically a few things that are “guaranteed” (meaning, most likely) in an RMC.

The court will most likely schedule some form or mediation or a trial date. As I said earlier, setting trial right away is less likely, so there’s a good chance the court is going to order you and your spouse to participate in mediation. To make sure that mediation is effective, the court will also likely order some discovery deadlines so both parties have an opportunity to gather necessary information.

If you have children, there is also a good chance the court is going to order some type of parenting conference, which is kind of like a form of mediation, as well as an investigative tool for the court.

Of course, if the RMC was set because a party filed for temporary orders, then the court will have to schedule a temporary orders hearing within 30 days of the RMC, so you can expect that to be scheduled. Lastly, you can expect the court to ask some questions to help resolve differences and maybe create some agreements. The court can’t force an agreement, but after reviewing the resolution statements, the court may suggest things or ask some questions to help bridge some gaps.

If you have any questions about an RMC, or another topic that’s concerning to you, feel free to email me at sschiefer@davismiles.com and I’ll try to cover it in a future article or blog article.