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Offers to Settle

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  • Offers to Settle

    Assuming the ex follows the instructions per the disclosure motion...I'm hoping to start drafting a settlement offer within the next 6 weeks.

    Although I know that there can be numerous offers to settle...what would be a reasonable number before I throw in the towel and proceed to a TMC? I'm thinking that its around 3 attempts but I'd appreciate some feedback from the experienced posters.

    Thank you!

  • #2
    Have you already had your settlement conference? We made an offer before the settlement conference (based on the case conference recommendations), updated it at the settlement conference and at the same time requested we be added to the trial list in case the settlement offer wasn't signed. It wasn't. Then we had the TMC. So we only submitted 2 formal offers, although, I had made others before litigation started.


    • #3
      Hi CS:

      No I haven't been able to settle an SC based on the requested undertaking not being provided.

      However, my lawyer is requesting that an SC gets on the calendar this week since my disclosure motion being heard this week can no longer be adjourned. I've gotten feedback that it looks like he's just going to comply with all the documents I've requested and can now proceed to start finalizing offers to settle.

      I'm expecting a lot of back and forth full of nonsense and am trying to decide what point I should just cut if off and proceed to TMC. I want to make every reasonable attempt and show that to the court but I'm not going to accept anything nutty...which is no doubt what i'll be presented with.

      If by the time I get to my 3rd offer, if we're still wayyyy far apart...I'm thinking I might cut it off. I'm hoping that's enough offers that the court knows I'm serious about trying to get this matter resolved pre-trial.


      • #4
        I'm hoping that's enough offers that the court knows I'm serious about trying to get this matter resolved pre-trial.
        It is better to make one reasonable offer than fifty unreasonable ones.

        In terms of costs, if you are as successful as your offer, the other party gets penalized with higher costs for not accepting. This encourages people to settle on reasonable offers.


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