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Tayken · #11 11-25-2021, 11:57 AM

Quote:

Originally Posted by mafia007

... and litigants being robbed by their lawyers and screwed by the corrupted system.

Sounds like this #3 was not complete.

It was "complete" just not as "graphic" as you put it.

ifonlyihadknown · #12 11-25-2021, 12:57 PM

Quote:

Originally Posted by Tayken

3. Case Conferences are the biggest waste of time in the dispute resolution process. Very little happens at them other than lawyers getting paid.

This! Once I figured out that nothing was binding in settlement conferences and case conferences, I self-repped for them, only using a lawyer to figure out how the format and content of briefs should be. They were a colossal waste of time but at least I didn't pay a lawyer to waste their time (and my money) on them.

StillPaying · #13 11-25-2021, 01:59 PM

Disagree here. Most of your orders will be through conferences!

Maybe a cc could be combined with 1st appearance, but it serves a good purpose and I'm sure saves people a lot more in the end from jumping into a motion. First time with judge and only a DRO MTC's cc afterwards is great.

Settlement Conferences are greatly needed as well, although when 3rd parties get involved (usually only the 1st time around) there can be 2 or 3 needed which can get tiresome.

Trial Management is a huge help to prepare for trail, along with a TSC. Exit pretrial may be needed as well.

Due to 3rd parties, your first time around can take up to 3 years to get to trial. Following MTC's still go through the same process, but trial is within 1 year. Anything longer would be consented delays IMO.

IwoJima · #14 11-25-2021, 02:46 PM

Quote:

Originally Posted by Brampton33

When you get to your Settlement Conference, the opposing lawyer will try to fool judge by saying that offers to settle have been exchanged and both sides are working with the material. This is a delay tactic. Their lawyer will never describe how far apart you are or how unreasonable the offer is, but rather that stuff is in the works. This is just to get you out of the court appearance asap and for another settlement conference to scheduled for 9-12 months down the road. Be prepared for them to try to repeat this cycle.

Oh excellent point, thank you. Note to self: always refer to their "disingenuous offer."

StillPaying · #15 11-25-2021, 02:56 PM

SC briefs include your offer to settle. Feel free to discuss anything and everything openly at conferences.

Brampton33 · #16 11-26-2021, 10:54 AM

Quote:

Originally Posted by StillPaying

Disagree here. Most of your orders will be through conferences!

Afraid I disagree here. Other than ordering support and ordering disclosure, the judge has no authority to order anything during a case conference or settlement conference unless it is done on consent by both parties.

A judge can pause a conference and ask the 2 parties to go into a meeting room and try to hammer something out on consent, but if both parties still disagree and cannot reach a mutual consent, the judge will simply express their disappointment and another settlement conference 9 months down the road- and tell both parties to use the time to negotiate a settlement.

Quote:

Originally Posted by StillPaying

Settlement Conferences are greatly needed as well, although when 3rd parties get involved (usually only the 1st time around) there can be 2 or 3 needed which can get tiresome.

Nope. If the parties are at odds and high conflict, then settlement conferences are a waste of time, money, and a delay tactic. Settlement conference briefs can be filled with all the compelling stories you want, they mean nothing. At the end of the conference, they are given back to the parties and not part of the continuing record. Moreover, most judges are so swamped that they don't even read the briefs and simply rely on the lawyers to "bring them up to speed" at the start of a conference.

StillPaying · #17 11-26-2021, 12:03 PM

You come off as someone with no experience or on the wrong side of reasonableness - everything is grossly misrepresented.

Love it or hate it, the majority of your orders are through conferences. People like to say how no orders are made, but it's simply not true. Consented or not, orders are made. Especially with your case management judge! And the offers are in the brief....smh

It's good to try and settle at the conference and if you can't, that's OK too. Continue on your journey to trial. If you book another conference 9 months later, you're not reasonable, not dire and most likely shouldn't be there.

Brampton33 · #18 11-26-2021, 12:25 PM

Quote:

Originally Posted by StillPaying

You come off as someone with no experience or on the wrong side of reasonableness - everything is grossly misrepresented.

Actually I am HIGHLY experienced in high conflict litigation involving custody, access, supports and division of property. I have spent years in litigation and am well versed (despite not being a lawyer).

Quote:

Originally Posted by StillPaying

Love it or hate it, the majority of your orders are through conferences. People like to say how no orders are made, but it's simply not true. Consented or not, orders are made.

Again, orders can be made for support or for disclosure at these conferences. But if its for custody or parenting time, it can only be ordered if both parties agree on consent. Otherwise, a judge can only make an order at a motion or trial after hearing evidence. Ask any lawyer.

Quote:

Originally Posted by StillPaying

And the offers are in the brief....smh

Yes, the offer to settle is in the brief. The judge is supposed to read both offers to see where the disagreement is and how far apart you are. For example, 1 parent is saying sole custody and 80/20 parenting time, and the other is saying joint custody and 50/50 parenting time. The judge will not split the difference during a settlement conference. The judge will likely give their thoughts on what they think the outcome should be (or would be at trial) and then tell the parties to work on a settlement through consent.

Quote:

Originally Posted by StillPaying

If you book another conference 9 months later, you're not reasonable, not dire and most likely shouldn't be there.

Scheduling is up to the courts availability. Pre-covid you could space out settlement conferences 4 months apart. During covid, the courts are backlogged beyond belief. It is hard to even get motion time unless its urgent. In court, when you try to book the next settlement conference, the best they can do is schedule you 6-9 months out.

I will no longer respond to your misinformation.

Stillbreathing · #19 11-26-2021, 12:49 PM

Brampton 33 is spot on. I too have years of experience with the court system due to an unreasonable, high conflict ex. If your case is high conflict then case conferences and settlement conferences are a complete waste of time and money. Stillpaying’s theory is correct in cases where BOTH parties are reasonable and want to settle their matter. If even one party is unreasonable then it only prolongs and escalates the conflict in addition to wasting money

StillPaying · #20 11-26-2021, 01:04 PM

I think you have that backwards.

When dealing with a HC ex, you push trial. Each conference has a specific purpose and helps your case. If you're pushing trial, you don't delay or agree to adjourn. Quickly go through the steps to get to resolution.

When both parties are on the same page, not really a dire need to resolve and ok with delays, they'll consent to this.

Oddly, the reasonable people who go through the system properly don't have a "big" problem with it. It's always the ones who consent or came to an agreement, not having done through the entire system, who have a big problem with it.

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