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When should an offer be revoked?

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  • When should an offer be revoked?

    When should an offer be revoked? 1 min before the start of settlement conference or 1 min after the end of a settlement conference. I know for a motion, it is usually before the motion starts

  • #2
    You can put 5min before starting the hearing.

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    • #3
      Originally posted by paco View Post
      You can put 5min before starting the hearing.

      Sent from my SM-G960W using Tapatalk
      Thanks again Paco. Won't it then be impossible for part or all issues to be settled if the offer is expired ? How is a judge going to help the parties at the Settlement conference. There isn't much to be done with an expired offer

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      • #4
        Then your case goes to trial. I would combine both conferences in one (SC/TMC) to save time and money.

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        • #5
          Originally posted by paco View Post
          Then your case goes to trial. I would combine both conferences in one (SC/TMC) to save time and money.

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          So I guess then the parties should have reviewed the offer and accept or reject before the settlement conference begins.

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          • #6
            If you don't receive an accepted offer before the hearing starts then it's automatically rejected, they don't need to formally rejected it.
            Same thing with their offer for you.

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            • #7
              My husband’s lawyer said he never puts a time limit on an offer because costs are not always guaranteed and settling still reduces the amount spent at trial.

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              • #8
                One of the points of a settlement conference is to get an opinion from the judge of what they think of a suggested structure/content of an offer so put it in the brief.

                Based on what the judge says it can help move things along. Judge may just say "I hope both sides come to an agreement" which may be code for I think this offer is good or one of you two are idiots for letting this go on so long.

                The only point of withdrawing a settlement offer is to put pressure on the other side. Maybe your ex will say to her lawyer "just shut up and take the deal that is on the table" or accept it with a slight change.

                The downside of putting time limits on an offer is that when it comes down to costs Judges frown up on them.

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                • #9
                  Originally posted by pinkHouses View Post

                  Based on what the judge says it can help move things along. Judge may just say "I hope both sides come to an agreement" which may be code for I think this offer is good or one of you two are idiots for letting this go on .
                  I like this.

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                  • #10
                    You can also withdraw an offer to settle you made at any time if the other party has not yet accepted it or any part of it if it is severable.

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                    • #11
                      Your ex will get spoken to at the SC/TMC by the judge for not having an offer to settle. The whole point of the conference (and all conferences to be honest) is to settle. And if your offer is reasonable, all the better for you.

                      Is your ex self represented?

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                      • #12
                        Originally posted by rockscan View Post
                        Your ex will get spoken to at the SC/TMC by the judge for not having an offer to settle. The whole point of the conference (and all conferences to be honest) is to settle. And if your offer is reasonable, all the better for you.

                        Is your ex self represented?
                        I thought so too. They are represented by a lawyer.

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                        • #13
                          Odd that their lawyer hasn’t pushed for one. The package you received was complete right? No pages missing or other attachments? Did their lawyer offer to meet to discuss before the conference? My husband’s ex was self repped but had a lawyer for the SC. Her OTC was outrageous but her lawyer met with my husband’s lawyer and they met in the hallway back and forth to come to an agreement outside the OTC. Could be the lawyer may make that overture?

                          Or your ex could think they are completely reasonable and won’t make one. Which won’t bode well. This may work in your favour!

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                          • #14
                            Originally posted by rockscan View Post
                            Odd that their lawyer hasn’t pushed for one. The package you received was complete right? No pages missing or other attachments? Did their lawyer offer to meet to discuss before the conference? My husband’s ex was self repped but had a lawyer for the SC. Her OTC was outrageous but her lawyer met with my husband’s lawyer and they met in the hallway back and forth to come to an agreement outside the OTC. Could be the lawyer may make that overture?

                            Or your ex could think they are completely reasonable and won’t make one. Which won’t bode well. This may work in your favour!
                            nothing missing, they had TABs for other irrelevant things no reference to a TAB for an offer to settle all or part of issues. What is also worrying is that the brief is written more of an affidavit for motion than a settlement conference. no meeting is arranged, settlement conference is scheduled online

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                            • #15
                              I want to say this is a good thing since it appears either her lawyer is an idiot or she is stupidly directing them. But then again, you waste your time for the conference. Although if you are self repping, take comfort in knowing she is wasting money needlessly!

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