Announcement

Collapse
No announcement yet.

Submitting Settlement Offer for Final Order

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Submitting Settlement Offer for Final Order

    At our last settlement conference in November, our judge asked my ex and I to work on a settlement and submit one draft to the court with the sections we agree to and the sections we don't agree to highlighted with our comments. The judge would then rule on the sections we don't agree on for a final order.

    With our next Settlement Conference coming up at the start of the new year, I have still not received a draft from my ex with her content and I honestly don't expect to. My ex walked into court last time without even submitting an offer expecting the judge to rule on all issues on the spot. She even asked for costs when I would not agree to this. She has not even so much as submitted her paperwork on time since the start of this (5 case conferences and 1 settlement conference ago).

    My question is, what do I do if I have not heard back from her? How do I submit my settlement offer to the court? ie. just as an affidavit?

  • #2
    Serve your Offer to Settle pursuant to the rules to the other side and should be served independantly of any other document. Your offer to settle should be dated with clauses that define an expiration and also signed.

    If rejected, your offer to settle is and would be considered when costs comes into the mix.

    Comment


    • #3
      Thanks Logicalvelocity. Where can I find the rules for serving an offer to settle?

      Comment


      • #4
        Send it to them or their lawyer via registered mail or courier.

        Comment


        • #5
          Ok, so it doesn't have to be filed with the court then? I can just serve her?

          Comment


          • #6
            Yeah. You got it, and that's what I would do if I was in your situation.

            Also, ensuring, by clause, Settlement terms are open to acceptance at least up until one minute upon commencement of the next hearing provides added protection when and if deliberating costs of the action.

            Comment


            • #7
              Thanks Logical

              Comment


              • #8
                Happy New Year and Good Luck.

                Comment


                • #9
                  ok, I have added a signature section to the end of the offer and this in the footnotes with a place to initial each page:

                  The terms of this settlement are open to acceptance until January <day>, 2011 at 9:00am.

                  Will this do?

                  Comment


                  • #10
                    LV, the judge asked the settlement draft to be submitted to court for him to see - which is different from the usual 'without prejudice' offers that are revealed to the judge only after he/she has ruled. Are you suggesting to ignore the judge's request? Assuming the other side is not responding to negotiations, I'd think you'd at least want to file an affidavit describing your (one-sided) attempts to reach settlement.
                    Last edited by dinkyface; 12-29-2010, 12:53 PM.

                    Comment


                    • #11
                      Originally posted by Pharah View Post
                      ok, I have added a signature section to the end of the offer and this in the footnotes with a place to initial each page:

                      The terms of this settlement are open to acceptance until January <day>, 2011 at 9:00am.

                      Will this do?
                      No. lol. What if your hearing is adjourned to later in the day or maybe another day. How about This offer to settle remains open until one minute before the commencement of the hearing.

                      Originally posted by dinkyface View Post
                      LV, the judge asked the settlement draft to be submitted to court for him to see - which is different from the usual 'without prejudice' offers that are revealed to the judge only after he/she has ruled. Are you suggesting to ignore the judge's request? Assuming the other side is not responding to negotiations, I'd think you'd at least want to file an affidavit describing your (one-sided) attempts to reach settlement.
                      Dinkyface,

                      Your situation is different and what you have done here is generally known as a thread hijack, which is seldom enforced. Your comment brings forth similar situations with additional insight for numerous variables. In your situation, I think I would follow what was advised by the respective. It's up to you what you feel the power of your affidavit will yield.

                      Comment


                      • #12
                        LV, I was pointing out something written *by Pharah*. Nothing to do with my own situation. No hijacking.

                        Originally posted by Pharah View Post
                        At our last settlement conference in November, our judge asked my ex and I to work on a settlement and submit one draft to the court with the sections we agree to and the sections we don't agree to highlighted with our comments. The judge would then rule on the sections we don't agree on for a final order.
                        Last edited by dinkyface; 12-29-2010, 01:14 PM.

                        Comment


                        • #13
                          Right, and thanks. I missed the affidavit part in the originating post and misinterpreted what your conveyed, but, as I mentioned already, it does bring out the variables to a common situation.

                          Comment


                          • #14
                            Ok, so what happens if it is not accepted or she just doesn't respond at all? If I wait until the day of the hearing, I will not have time to file my settlement offer with the court.

                            What I had planned to do was wait until 7 days prior to the SC, then file my own settlement offer with the court (as an affidavit) if I had not heard back from my ex. That way the judge will have something to work from?
                            Last edited by Pharah; 12-29-2010, 02:19 PM.

                            Comment


                            • #15
                              Many methods to accomplish. I'd go with with what works best for you with consideration that material for SC is usually privileged from the remainder of the proceeding. It's great opportunity to show you are reasonable.

                              Comment

                              Our Divorce Forums
                              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                              Working...
                              X