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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 02-01-2017, 11:00 PM
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Default offer to settle

guys,
When you represent offer to settle to opposite party, please advise if you have to give them minimum days to review and think ?
like 2 to 3 days in good enough ?

or it gotta be 5 days or week minimum ?

Thanks
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Old 02-02-2017, 12:16 AM
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I sent mine on Friday evening and advised 7 business days in mine.. I wrote the actually due date in my letter as well
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Old 02-02-2017, 12:17 AM
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1. are you the applicant or the respondent?

2. Are you the moving party or the opposing party?


If you are applicant and moving party, you must serve yours 7 days before settlement conference and they will theirs within 4 days.

If you are the applicant and opposing party, then you are 4 days and they are 7

If you are respondent and moving party, you 7 they 4.

If you are respondent and opposing party, you 4 they 7.


Past the settlement conference, (if I am not mistaken) you can serve an offer to settle as late as the night before trial. Maybe even sooner such as the morning of.

Generally you set your offer to settle to expire one minute after trial has commenced.

Last edited by trinton; 02-02-2017 at 12:20 AM.
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Old 02-02-2017, 11:30 AM
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Originally Posted by fakemarriage View Post
guys,
When you represent offer to settle to opposite party, please advise if you have to give them minimum days to review and think ?
like 2 to 3 days in good enough ?

or it gotta be 5 days or week minimum ?

Thanks
You should always make any offer to settle open for consideration up to the point of 15 minutes after the start of a TRIAL of the issues addressed in the offer.

You should also allow for the offer to be severed and accepted in parts.

Good Luck!
Tayken
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Old 02-02-2017, 02:20 PM
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Quote:
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You should always make any offer to settle open for consideration up to the point of 15 minutes after the start of a TRIAL of the issues addressed in the offer.

You should also allow for the offer to be severed and accepted in parts.

Good Luck!
Tayken
Why 15 minutes? Just curiois.
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Old 02-02-2017, 02:33 PM
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Why 15 minutes? Just curiois.
I think because it gives the other party one last chance to accept the offer after they experience a few minutes of courtroom and judge. Apparently this tends to make some people want to back out of trial if the option is still there.
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Old 02-02-2017, 02:35 PM
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Quote:
Originally Posted by Rioe View Post
I think because it gives the other party one last chance to accept the offer after they experience a few minutes of courtroom and judge. Apparently this tends to make some people want to back out of trial if the option is still there.
I was advised 1 minute after trial. 15 minute is new to me.

If there is no expiry date it can be accepted at anytime during trial?

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Old 02-03-2017, 01:01 AM
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I think because it gives the other party one last chance to accept the offer after they experience a few minutes of courtroom and judge. Apparently this tends to make some people want to back out of trial if the option is still there.
As well 15 minutes is more reasonable. There is no hard and fast rule. I advise people to always present as the reasonable party.

You could always do 2 minutes... In honour of Iron Maiden.
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Old 02-03-2017, 01:03 AM
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If there is no expiry date it can be accepted at anytime during trial?
Yup. Often lawyers will drag out something to see how their client's evidence works out in court and then accepts the offer if not deadlined. As well, they usually are silent on costs upon acceptance so this shields their clients from costs of the trial some times. Only the sneakiest of lawyers do this.
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Old 08-21-2017, 04:19 PM
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I have a question about an offer to settle but its more for people who have experience in one specific item.

Ex requested a laundry list of things not entitled to. CC was actually a dispute resolution conference that did nothing. There was some light as she accepted that she isn't entitled to a few things in her list.

My partner has a lawyer and he will draft it, he just told us to make a list of what my partner will agree to with the caveat that it has to be in line with what the court will order.

The sticking point? Therapy. My partner disagrees and lawyer said judges aren't averse to therapy but my partners argument that his ex subjects the kids to treatments they dont need is also an argument that is legit.

I ask this: she is asking for 50% of the cost, his section 7 % is 34. If this is the only sticking point between them, would a judge order it covered and would his refusal to contribute affects his ability to go for costs?

For instance, his list is 1-5 items. Counseling is not on there. Judge orders 1-5 items but adds his portion of counseling. Would costs be off the table?
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