What Is an Early Intervention Case Conference (EICC)?

When families are going through separation or divorce, it can quickly become stressful, expensive, and emotionally draining.

To reduce these pressures and help families find resolution on certain issues early in the process, Alberta’s Court of King’s Bench offers a tool called the Early Intervention Case Conference (“EICC”).

An EICC is a judge-led meeting between the parties, usually held early in the court process of a separation or divorce.

One of the goals of an EICC is to assist the parties in identifying what key issues are. Unlike a trial or an application hearing, an EICC is not about winning or losing on your position. Instead, one of the goals of attending an EICC is identifying the key issues in dispute and helping the parties move forward and resolve some issues early in the process of a separation or divorce process, to avoid further cost, stress, and delay due to adversarial litigation.

During an EICC, the presiding justice facilitates the discussion, provides neutral guidance, and may offer their perspective on how the court might view the case if it were to proceed to trial. The process is confidential and without prejudice, meaning that anything said during the conference generally cannot be used later in Court.

The justice may offer guidance, help the parties understand what further information or disclosure is needed, and provide a preliminary sense of how the court might view the matter based on the facts presented. While the justice does not make binding decisions at the EICC, he or she may assist the parties in coming to an agreement that can be formalized into an enforceable Court order by consent.

Scheduling an EICC

In the Alberta Court of King’s Bench, an EICC may be scheduled in one of the following ways:

• At the request of one or both parties;

• At the Court’s direction, or

• As a mandatory step before certain applications, particularly in parenting or child support disputes.

EICCs may fulfil the mandatory alternative dispute resolution (“ADR”) process requirement for parties who engage in this process. The goal is to engage parties earlier in a cooperative process and reduce the need for additional formal applications wherever possible.

Issues That Can Be Addressed at an EICC

Like other forms of ADR, like mediation, EICCs allow parties to formulate outcomes that are creative and specifically tailored to their families’ needs. EICCs can address a wide range of issues that are pertinent to family law matters, including:

• Parenting time;

• Decision-making responsibilities;

• Child and spousal support;

• Disclosure of financial documents;

• Planning the next procedural steps in the litigation; and

• Any other interim concerns or practical issues that need resolution.

Often, the justice leading the EICC discussions will encourage parties to focus on solutions to these issues in ways that serve the best interests of the children involved.

The general process for an EICC is as follows:

1. Requesting an EICC or being Directed to an EICC

Parties must go to Family Docket Court and fulfil certain mandatory requirements prior to requesting that the matter be directed to an EICC. The Court can direct a matter to an EICC at any stage in the separation or divorce process.

2. Setting the EICC Date

Once a family is directed to attend an EICC, the Court provides a date and time for the EICC. The EICC is typically scheduled for 60-90 minutes.

3. EICC Summaries

Each party must complete an EICC summary in the prescribed form. The EICC summary should outline the key issues, and each party’s proposed solutions to resolve these issues.

Within an EICC summary, it is important to identify relevant financial disclosure, parenting proposals, or previous court orders.

The EICC summary must be exchanged with the opposing party on a date determined by the Court, typically two weeks before the EICC date. The summaries must be filed and submitted to the Court on a date determined by the Court, at least one week before the EICC date, to allow for the justice to review both parties’ summaries.

4. Attending the EICC

Both parties and their counsel (if applicable) must attend the EICC as directed by the Court. The justice will have read the parties’ EICC summaries and guide the discussion, clarify the issues, and may suggest options or next steps.

During the EICC, no evidence is formally presented, but each party may identify their position and provide reasoning for their stance on each of the identified issues. The parties must be prepared to discuss their issues, including parenting arrangements or disclosure concerns. At the EICC, parties must be willing to compromise where appropriate. The justice will guide parties towards a resolution of some of the issues. If the parties come to an agreement on any of the issues, they may consent to the agreement being formalized in a Court order.

The Judge may provide instructions or issue orders regarding the filing or exchange of documents, as well as any procedural steps necessary to advance your case to a more formal court proceeding, such as a chambers application, special chambers application, or a trial.

It is important to note that while the EICC process is confidential and without prejudice, the portion of the EICC that addresses procedural steps is not confidential. However, any discussions between you and the other party about settling the matters in your case are confidential and cannot be used in future court proceedings or at trial unless a settlement is reached.

5. After the EICC

Following an EICC, if some or all of the matters were settled, the Judge will confirm the agreement in a Report from the Case Conference Justice. This report is sent to the parties by email.

If the parties come to an agreement, they may enter into a consent order to formalize the agreement. The consent order may be submitted to the Court for endorsement, and the justice may also give directions on the next procedural steps, such as disclosure deadlines or scheduling further applications.

If you are going through a separation, parenting dispute, or support issue, an EICC may be an ideal venue for you to move forward with less conflict and more control over the outcome. Whether you are approaching an EICC as a means to resolve all issues or as a stepping stone towards a final agreement, legal counsel can help guide clients through the entirety of the process.

Contact us today to learn how we can support you through the EICC process.