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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-12-2022, 07:03 PM
ottawaparent ottawaparent is offline
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Default 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
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Old 04-12-2022, 07:23 PM
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You can put 5min before starting the hearing.

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Old 04-12-2022, 07:28 PM
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Quote:
Originally Posted by paco View Post
You can put 5min before starting the hearing.

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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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Old 04-12-2022, 07:31 PM
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Then your case goes to trial. I would combine both conferences in one (SC/TMC) to save time and money.

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Old 04-12-2022, 07:33 PM
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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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Old 04-12-2022, 07:40 PM
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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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Old 04-12-2022, 07:42 PM
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My husbands 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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Old 04-12-2022, 07:46 PM
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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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Old 04-12-2022, 07:53 PM
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Quote:
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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Old 04-12-2022, 07:54 PM
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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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