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Offer to settle, parenting plan and proposed order

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  • Offer to settle, parenting plan and proposed order

    Hello all

    I am little confused here.

    Here is situation.

    Before trial I sent offer to settle and received one.
    Now I preparing parenting plan for my trial.

    It also recommended to give judge order what you looking for to kind of make it easy for her or him.

    For me basically what I sent in offer to settle that what I will put in parenting plan and proposed offer are the same.

    But you can not talk about offer to settle with justice or mention it before trial end.

    So question is can I have any problem if other party
    tell hey it offer to settle and ask judge not to take it ?

  • #2
    I'm not sure I understand your question adequately --
    The Judge is not involved in any "Offers To Settle" -- as in they are not filed with the Court Documents. The Judge sees what you want through your Motion and Affidavit(s). The "Offers To Settle" are between the Applicant and Respondent.
    I get bit confused myself, because if the Offer is similar to what the Judge orders, then the party who refused the Offer can be liable for Costs (as far as I understand it).
    Neither party can tell a Judge to not accept an Offer to Settle. It is up to the Judge to determine the fairness of an Offer, and neither party can attempt influence the Judge one way or another.

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    • #3
      Originally posted by WorkingDAD View Post
      Hello all

      I am little confused here.

      Here is situation.

      Before trial I sent offer to settle and received one.
      Now I preparing parenting plan for my trial.

      It also recommended to give judge order what you looking for to kind of make it easy for her or him.

      For me basically what I sent in offer to settle that what I will put in parenting plan and proposed offer are the same.

      But you can not talk about offer to settle with justice or mention it before trial end.

      So question is can I have any problem if other party
      tell hey it offer to settle and ask judge not to take it ?
      WorkingDad,

      This is an old post of yours i just came across. I have the exact same question now? How did you pull this off?

      I'm planning to make an offer to settle at the settlement conference, it will pretty much look like a Parenting Plan.

      How can use my Parenting Plan in the Trial Record after?

      Comment


      • #4
        You have two documents. One is labeled "Offer to Settle; Without Prejudice" and another is labeled "Parenting Plan."

        You submit one at the settlement conference, the other is for trial. It doesn't matter that they are otherwise identical.

        The reason for "Without Prejudice" in an offer is so that you can offer a compromise without admitting that you actually owe that amount, or that you agree that the deal would be legally required. It is a compromise so that you may avoid the tens of thousands of dollars for trial.

        If the offer doesn't compromise you in any way, then don't make it "Without Prejudice." However this still won't really be relevant at trial. You won't win at trial because you made an offer. You will only have the possibility of being awarded costs afterwards. Whether you win or lose depends on the substance of your arguments and supporting facts.

        If you don't have supporting arguments or facts, if legislation and case law does not support your claim, the judge will not say, "But you win anyway because you made such a reasonable offer."

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