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OB1 05-28-2021 02:26 PM

Adr
 
Here i am again. My ex lawyer said she is proposing ADR/mediation instead of a long expensive litigation. My question is, what can I expect from this? Will I have to show all my financials again. Will they be my current financials. It has been over 10 years since we separated. What else will I have to show, or can we just make an offer to settle and put this behind us? Has anyone gone through this before and what did you experience

tilt 06-01-2021 01:28 PM

ADR/Mediation is not necessarily cheaper than trial and is a lot easier for one side to just draw out (whereas a defined Trial date brings clarity of mind to some parties and a LOT of cases settle the day before trial).


You can always put in an offer to settle at any time, but nothing compiles them to accept it (except, as mentioned, when a trial date is set and they suddenly have to pay a huge retainer to their lawyer and realise it may be cheaper to settle).

To be legally binding you should include with your offer to settle all updated disclosure. Otherwise an accepted Offer can be set aside if the other side discovers you hid relevant information.

ifonlyihadknown 06-02-2021 10:55 AM

I always thought that it was financials at the date of separation for equalization. If someone is asking for spousal support, present day financials may be relevant.

Assume that your ex's lawyer is a pathelogical liar and get your own independent advice.

Offers to settle can be made at any time. If you make a reasonable offer it shows that you are bargaining in good faith.


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