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  • Form and Content for OFFER TO SETTLE

    Does anyone have the form and content to submit an offer to settle to oppossing counsel?

  • #2
    Can't find a template for an "Offer To Settle" for Family Law, except some that are dated 2007.
    There is an "Offer to Settle" form but it's for Small Claims Court.
    Since the "Offer To Settle" isn't filed, I think addressing a letter to the other party and/or their lawyer with the heading "OFFER TO SETTLE" across the top may suffice.
    But I'm not sure.....
    <!--[if gte mso 9]><xml> <w:WordDocument> <w:View>Normal</w:View> <w:Zoom>0</w:Zoom> <w:Compatibility> <w:BreakWrappedTables/> <w:SnapToGridInCell/> <w:WrapTextWithPunct/> <w:UseAsianBreakRules/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]-->There's this: (scroll down to 49A Offer To Settle) http://www.ontariocourtforms.on.ca/english/civil under Rules of Civil Procedure Forms or this from "Rules of the Small Claims Court" 14A Offer to Settle http://www.ontariocourtforms.on.ca/english/scc
    But no "Offer to Settle" form for Family Court...maybe if enough people contact Ontario Court Services to add "Offer To Settle" for Family court they'll add it? http://www.attorneygeneral.jus.gov.o...sh/contact.asp
    Last edited by Epona; 04-28-2011, 01:23 PM.

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    • #3
      I think there is not such form. I could not find any too.

      I used what other lawyer used I can send it to you even I DO NOT AGREE WITH YOUR POSITION in regards of ... you know what )

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      • #4
        There is such a form -- my exes lawyer used one several times. But it has typing on it and it would take a very long time to copy it and white out the typing! :-D Looking4Answers is seeking a copy, not I! :-)
        @WorkingDad -- I apologize for writing angry comments responding to your posts. Won't happen again, though I may "politely" disagree! :-)
        Last edited by Epona; 04-28-2011, 06:37 PM.

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        • #5
          Originally posted by Epona View Post
          There is such a form -- my exes lawyer used one several times. But it has typing on it and it would take a very long time to copy it and white out the typing! :-D Looking4Answers is seeking a copy, not I! :-)
          @WorkingDad -- I apologize for writing angry comments responding to your posts. Won't happen again, though I may "politely" disagree! :-)
          Accepted...

          And yes lawyer use it but looks like it just their own creation. Basically just first page of any from without form number and Offer to settle as name of form...

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          • #6
            There is no form, you outline an offer in a letter with schedules where required. Date it, sign it, keep a copy but don't file in court record. Keep a record of service.

            Offers to settle usually go over better when you keep the arguments and axe-grinding to a minimum and check the ego at the door.

            FG

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            • #7
              the best approach.

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              • #8
                there is a form but it's a template in the divorcemate software. so unless you're a lawyer you don't have access to it. Its not mandatory.

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                • #9
                  Looking for same. Don't need an actual electronic template to "fill in the blanks" just a sample so I know where to put content. Anyone??

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                  • #10
                    Originally posted by dave9911 View Post
                    Looking for same. Don't need an actual electronic template to "fill in the blanks" just a sample so I know where to put content. Anyone??
                    Don't get hung up on form. My offers to settle was one page: one paragraph to express why there was benefit to settle, one paragraph of my logic around why I calculated the settlement as I did, and then I set down the settlement numbers and details. Remember that offers to settle (unfortunately) are often tactical: once a case has gone to trial and concluded, the judge may ask to see the pre-trial offers to assess who was wasting the court's time...and therefore how to distribute costs, if any. Be reasonable: the closer you can stick to precedent, statute and guidelines the better.

                    In my offers I refer to SSAG and then showed relevant calculations. Any arrears payment was rationalized.

                    FG

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                    • #11
                      I've run out of money for lawyers so don't have a lawyer now. Because of the DivorceMate monopoly on SSAG calc's I can't present the tidy DM output for them to ogle. I can arrive at similar numbers with a spreadsheet but judges and lawyers seem unable to comprehend anything but the tidy one sheet DM output.

                      Were you in same boat and if so how did you get around this?

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                      • #12
                        Originally posted by dave9911 View Post
                        I've run out of money for lawyers so don't have a lawyer now. Because of the DivorceMate monopoly on SSAG calc's I can't present the tidy DM output for them to ogle. I can arrive at similar numbers with a spreadsheet but judges and lawyers seem unable to comprehend anything but the tidy one sheet DM output.

                        Were you in same boat and if so how did you get around this?
                        Is it spousal only or is there CP?

                        I can only speak to spousal without child support: the calculations are straightforward and I presented them in three lines (differnce in income, duration of relationship, rate). Even at a conference the justice did a quick calc in their head for interim support pending trial.

                        Remember there are two parts to spousal with two different calculations: amount and duration. Divorcemate looks complex because it does both at once. But the guidelines are very straightforward. You just have to understand that some discretion is allowed.

                        Just show how you calculate them and justify the choice in the variable element.

                        If you have child support I'm afraid I can't help at all with if and how it affects the calcs.

                        FG

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                        • #13
                          CS as well... DM doesn't factor in duration of SS.. it just one lines it in a range of length of marriage or half length..

                          Good to know a judge will accept something other than the almighty (and often poorly functioning) DM.. I have a pension being equalized as well and it is completely useless at running with that scenario where support is reduced based on equalization of an income at source.

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                          • #14
                            Response I Received 9 May 2011:
                            "Thank you for your email in which you suggested that the Family Law Rules include a template for an offer to settle.
                            We will forward your suggestion to the Family Rules Committee, which has responsibility for the forms under the Family Law Rules.
                            In the meantime, as you have noted, there are offer to settle forms prescribed by the Rules of Civil Procedure (Form 49A) and the Small Claims Court Rules (Form 14A). In a family law case, a client could adapt the format of either of these forms or make an offer to settle in the form of a letter. Any form of an offer to settle should comply with rule 18 of the Family Law Rules.
                            The Family Law Rules and forms may be accessed through the Ministry of the Attorney General website at http://www.attorneygeneral.<wbr>jus.gov.on.ca. Choose your preferred language and click on "Family Justice". On the "Family Law" main page, you will find links to the Family Law Rules and forms and to guides to procedures and other information that may be useful.
                            The court forms for family, civil and Small Claims Court claims can also be accessed at www.ontariocourtforms.on.ca.
                            We hope this information is helpful and thank you again for your suggestion."

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                            • #15
                              Offer to Settle

                              After I accept the offer to settle do I file in court with an acceptance form?
                              And what form do I use to accept this offer and file this offer?

                              STBX made an offer I accepted it but wanted to negotiate two things and then ultimately I accepted it.

                              He now says he revoked it which he never did so now I guess I need to put it in our continuing record at the court house? And file an acceptance form as well?
                              Any help would be appreciated.

                              Comment

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