Should we make an offer to settle?

[Linear]

Back story: http://www.ottawadivorce.com/forum/f...welcomed-8434/

Last week we submitted the Notice of Motion and are currently waiting for it to be returned to us with a hearing date - we will then serve the respondent.

We're curious about proposing a settlement offer to the respondent and if it is even something we should consider in our case. Perhaps we should wait until the respondent is served as he may decide to submit and offer to settle himself.

In our motion, we've requested the fees incurred in obtaining the respondent's financial disclosure, which we feel entitled to, as well as retro CS to the date my wife initially requested a change in CS (Aug 2009).

Our case seems pretty straightforward. Any arguments for/against offering a settlement in our case?

Thanks,
Linear

[rustedinnocence]

..the more you appear to be reasonable and trying to FAIRLY settle, the more chances of recieving costs (or so I'm told).

[brad yo]

yo settle or pay those greedy slimebag lawyers

[Linear]

yo settle or pay those greedy slimebag lawyers

yo read da backstowie yo
we be straight up self-representin yo
fo-shizzle

Linear

[Pharah]

So you don't have a hearing date yet? Has her ex been served with any paperwork on the motion or just the application?

RI is correct. Submitting a settlement offer that is fair is normally looked on as a positive step.

[Linear]

Pharah,

Correct, we delivered the Notice of Motion to the clerk's office and are waiting for it to be returned with a hearing date; we'll then serve the ex. I'm not sure what is meant by 'application'. We're following procedures outlined here:

http://www.legal-info-legale.nb.ca/e...ion_Kit_EN.pdf

We questioned the idea of a settlement offer as we are not concerned with costs anymore (self-rep), and there is really nothing to negotiate with the ex, this is motion to vary CS (retroactive) and a request for the costs incurred when we did have an attorney (to acquire his disclosure). There doesn't appear to any benefit to our case if we offer a settlement; we have nothing to lose going to a hearing (it seems).

Linear

[Pharah]

Ok, you are in NB. I was referring to an application to change but it looks like your procedures are different.

Anyway, your have what you want in the Motion but keep in mind that you can submit a settlement offer at anytime (only makes sense if it's different from your original request though).