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  • final settlement conference no one agrees

    If the parties simply do not agree and have not tried to settle anything before the final settlement conference or after what is the judge likely to order?


    Before custody and access 50/50 (2-2-5-5)


    OCL report takes 1 night away from one parent but is does not support conclusion and goes against most of what he report says.
    OCL report states that custody should change slightly.


    Personally, I believe one of the lawyers is behaving poorly and just wants to go to court.


    I was told no "real orders" were given at a case conference. Orders are orders.
    What is a judge likely to do at the conference? Is it a big deal?

  • #2
    Orders can be given if you both agree. If you don’t agree on anything your proceed to trial.


    Sent from my iPhone using Tapatalk

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    • #3
      Even at the case conference they issue orders.

      If judge doesn't decide anything for the final settlement conference then what is the point if both sides know they don't agree?

      Final agreements can be extensive and if there has been nothing agreed on yet or talked about then it isn't going to happen in one 1/2 day.


      Can I save money by just showing up without my lawyer and say I don't agree?

      Comment


      • #4
        Judges rarely Order at Settlement Conferences unless it is on Consent. I guess they may Order procedural items like disclosure but they wouldn’t usually touch support or access/custody if the sides do not agree.

        You should be showing that you have been working towards settlement by complying with all prior Orders, proactively offering disclosure, and making reasonable Offers to Settle. If you can set up some mediation meetings to Settle, even better.

        If you have retained a lawyer, showing up without them would look unprofessional on the lawyer (and make you look unreasonable since you can’t even agree with your own lawyer).

        Comment


        • #5
          Originally posted by pinkHouses View Post
          Personally, I believe one of the lawyers is behaving poorly and just wants to go to court.
          Most people probably think that of their ex's lawyer. This can be addressed during cost submissions after you win. Make sure to send an offer to settle now!

          If you lose in court, then of course the lawyer was correct to want to go to court.

          I was told no "real orders" were given at a case conference. Orders are orders.
          Final orders are "real orders". There will be no final orders at a case conference. Case conference orders are generally interim on consent orders, or related to disclosure issues.

          Comment


          • #6
            Originally posted by Janus View Post
            Most people probably think that of their ex's lawyer. This can be addressed during cost submissions after you win. Make sure to send an offer to settle now!
            So send an offer to settle that is reasonable and hope that it is very close what? The rial conclusion? No one has sent offers and there is less than 3 weeks until the final settlement conference. One of the lawyers said that it will be decided at the court.
            Why would they do that?

            Originally posted by Janus View Post
            If you lose in court, then of course the lawyer was correct to want to go to court.
            I am confused. Can someone lose at a final settlement conference and someone win? For example?


            Originally posted by Janus View Post
            Final orders are "real orders". There will be no final orders at a case conference. Case conference orders are generally interim on consent orders, or related to disclosure issues.
            It is a final settlement conference. Is that the same thing?
            Up above you are mentioning winning/losing. So what can get done at the final settlement conference?

            Comment


            • #7
              You should have instructed your lawyer to send an Offer to Settle long ago if you are now facing a final settlement conference. I would get on your lawyer ASAP as the other lawyer was probably waiting for your Offer. You want your Offer to Settle to be reasonable and better than what the other side would win in Court, but probably less than what you want - the point is it is a compromise. If what is awarded at Trial is better than what your Offer to Settle was, the other side may (MAY) be Ordered to pay your legal costs AFTER you sent your Offer to Settle (so all the money you have spent on your lawyer till now has most likely been thrown away and you will never get it back).

              The reference to “losing at court” was referring to a trial, where yes, everyone is a loser but one side loses less than the other - so they are declared the “winner” (and if it is the other side YOU may be paying their legal fees on top of your own).

              Settlement conferences are supposed to drain your bank account so you are more inclined to settle outside of a trial. You do NOT want to go to trial unless you co-parent is geniunely unreasonable and will not compromise on anything at all.

              Comment


              • #8
                Originally posted by pinkHouses View Post
                If the parties simply do not agree and have not tried to settle anything before the final settlement conference or after what is the judge likely to order?


                I was told no "real orders" were given at a case conference. Orders are orders.
                What is a judge likely to do at the conference? Is it a big deal?


                Is this a case conference or a settlement conference? How many of each have you had so far?

                I think you need to take some serious time to read up on the whole court process and what is expected of you at each step along the way. DonÂ’t blindly rely on your lawyer to be on top of and do everything. First thing you need to do is talk to your lawyer and ask what official offers to settle have been sent to the other party so far. If there is nothing and this is really the final SC then you need to get on top of that.

                Side note: from my experience, while judges technically canÂ’t make orders on matters like access, custody and support at conferences, IÂ’ve found that they will basically make it anyways if it is something very obvious. Especially if one or both parties arenÂ’t represented or well informed, they basically get pressured into signing a consent order if the judge feels that it is an obvious order.
                For example, at our first case conference, my ex was asking for 50/50 access in response for my application for base CS. IÂ’ve been primary caregiver for almost 4 years before going to court. Ex was unrepresented at the time and the judge basically made him sign an interim consent order that preserved the 4 year status quo.

                Start figuring out what Offer to Settle you can live with to avoid trial. How long has your current schedule been in place, and how was it worked out? (Did you both mutually work out this schedule after the breakup, did you sign a consent order for it at a past conference, or was it ordered on a motion?)

                Comment


                • #9
                  Thank you for the replies.
                  I can't give many details.
                  Yes I think an offer to settle should have been made by me by now but there are complicating factors and the other side has been doing work to avoid settlement talk, mediation and already stated they are not going to be making any proposals and will let the matter be decided in court. Why they are saying that I don't know.
                  I know any proposal I make will be rejected so it is discouraging to have to write something that isn't resolving anything but I see the point on awarding court fees.
                  What laywer fees can be awarded? The day of the court case or all the items before that too?

                  Comment


                  • #10
                    You should make a reasonable offer to settle. If they refuse and it goes to trial and they lose, you are eligible for costs.

                    Costs are all dependent in the case and what the decision is. They could be on the hook for 100% or slightly less.

                    An offer costs nothing but demonstrates your willingness to get a solution.

                    Comment


                    • #11
                      Something tells me this isn’t a final settlement conference. If it is it is very strange that both you and your ex have legal counsel but neither of you or your lawyers have submitted any offers to settle throughout what would of had to be multiple case and settlement conferences before getting to this “final” conference. Regardless.....

                      Step 1: Ask your lawyer if they have made any offers to settle. Unless your ex threw her phone and computer into the Dead Sea and went to live in an undisclosed far away location, there are NO “complicating factors” that prevent YOU from initiating settlement talks. Her inability to respond to them will only strengthen your case, and possibly get you a good chunk of lawyer fees back.

                      Step 2: If yes: review offers. If no, start thinking about what you can live with/without

                      Step 3: Work with your lawyer to make a(nother) offer to settle. Stick to your guns on things you cannot live without (50/50 custody, extra summer access, whatever) and give up some things that might sweeten the deal for the ex and make you look reasonable (maybe giving them final say on medical/dental, or letting them have Christmas eves, or whatever isn’t the pinnacle of existence for you). SUBMIT AN OFFER. Even if you know it will be rejected. Even if you know your ex won’t make one. It will only strengthen your case. And be REASONABLE. I know you don’t want to disclose too much, but if you have been splitting 50/50 access with your ex for over a year, then keep that schedule the same in your offer. Don’t get greedy, that’s not what offers are for. If you make more money, then include offset support in your offer (and start paying it right now if you’re not already)

                      Step 4: Tell your lawyer to ASK FOR COSTS in the conference brief. If you “win” at trial and never asked for costs to be awarded at all the other steps in the past, you won’t be reimbursed for those past costs. Only for costs spent on trial.

                      Comment


                      • #12
                        Originally posted by pinkHouses View Post
                        So send an offer to settle that is reasonable and hope that it is very close what? The real conclusion?
                        Correct. In fact, you want your offer to settle to be slightly better than the final order made by the judge.

                        For example, if you think judge will order that you receive $500/month in spousal support, then you offer to receive $450/month in spousal support. If judge orders $500, then you have "won", because you beat your offer. If judge orders $400, then you have "lost", because your offer was not as good as the final trial result.

                        If both people "lose", then the one who was closer "wins", but it is not as big of a win.

                        Why does it matter who wins? Well, because the "loser" often pays a good chunk of the lawyer fees of the "winner", and often that is a lot of money.

                        No one has sent offers and there is less than 3 weeks until the final settlement conference.
                        I don't think there is a rule that says "the individual who most identifies as male must send first offer".

                        One of the lawyers said that it will be decided at the court. Why would they do that?
                        Offers to settle are sometimes accepted, which ends the court case. Not much money in that for the lawyers.

                        I am confused. Can someone lose at a final settlement conference and someone win? For example?
                        Well, you get your lawyer fees paid from the day you send in the "winning" offer, so no reason to delay. You're right, hard to lose at settlement conference, but making an offer to settle helps the settlement conference, and I think might even possibly be a requirement?

                        Comment

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