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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 01-14-2006, 03:07 PM
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Default Settlement Conference, What is it?

I have just found out that we have a settlement conference scheduled for the end of February. What is this about? What can I expect to happen?

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Duped
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Old 01-14-2006, 04:18 PM
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A case conference is the first court appearance before a judge. It is relatively informal, a summary of the case called a case conference brief must be prepared, served and filed with the court.

The primary purpose of a case conference is to have a judge review the case and place the case on a schedule, especially with respect to any procedural steps that must be taken to move the case along. Such steps might include appointing the Children’s Lawyer or requiring financial disclosure by a certain date. The judge will also explore whether any issues can be settled, and if so, will make an order in accordance with the settlement. A judge may also give his or her opinion as to the merits of each party’s position.

If issues can't be settled at a case conference the next step is usally a motion.
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Old 01-14-2006, 04:29 PM
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Default Settlement conference?

Grace,

We already had our case conference and nothing came out of it, but i was asking about the settlement conference, I think there is a difference.

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Duped
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Old 01-14-2006, 04:36 PM
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Oops, sorry Duped, I read your post wrong. There is a difference.

Do you mean a settlement conference before a Judge or between the parties outside of court?
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Old 01-14-2006, 04:37 PM
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Default I believe it is...

Yes, before the judge I think.

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Old 01-14-2006, 04:46 PM
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After the case conference, motions and examinations are completed, a pre-trial conference or "settlement conference" is held. As the name suggests, this conference is designed to encourage the settlement of the case and the judge is actively involved in trying to resolve the dispute.

Once again a special brief must be prepared and it is an informal procedure, usually taking place in a judge’s chambers.

Although the judge cannot force a settlement of the case at this stage a judge may order "costs" if he or she feels the other side is unprepared or unreasonable.
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Old 01-14-2006, 05:38 PM
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Smile What is considered unreasonable?

In my case,

My ex has used deception, taken everything, declaired bankruptcy, denied me access to my child for 4 months, acted out of self interest, been completely unreasonable about everything, has attempted to use coersion and bridery to keep me from my son, reduced her income to zero and lied about my medical history and may other issues, especially to our son.

My ex wants to keep everything, pay nothing, have me pay her legal fees, pay no support of any kind, and have sole custody, and move back to her parents home 6 hours away.

I on the other hand want 50/50 joint shared custody, reimbursement for all legal fees, the return of my property, equalization payment, child support and spousal support, to not have to speak or deal with her ever.

Willing to communicate on a written level, however only concerning my child.

Does it sound like i am being unreasonable?

Thanks
Duped
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Old 01-14-2006, 08:54 PM
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Duped,

A lot of times, in acrimonious divorces the mud flies both ways. Both inside and outside the courtroom and it becomes a he said/she said situation.

Your ex sounds like she is being unreasonable. It would be in your best interest and especially your child best interest to find a way to communicate. A communication book that goes back and forth with the child may help in your situation. E-mail communication is also good. Careful that you keep your communication with her respectful or it may come back to haunt you in court. Remember you are forever tied together as parents to your child. In some cases if the judge finds that the parents can't communicate, or get along, they wont award joint custody. Perhaps this is a tactic your ex is trying to use, so beware.

As for reimbursement of legal fees. I think it's a misconception that litigants think their ex is going to pay their legal fees. In most cases each pays their own. In court if a judge awards costs, it is only to cover a portion of your fees.
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