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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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  #1  
Old 02-07-2014, 09:17 AM
Canuck1965 Canuck1965 is offline
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Default Settlement Conference

Question to the forum.
I have sent in an Offer to Settle and the exs lawyer has not gotten back to me with a counter offer, the offer was sent to them in early Dec 2013.

When I send them an e-mail to see were they are in a reply all I get is when I meet with my client I will be in contact with you I have now sent to date 3 requests. I got an e-mail from the ex saying that she knows I have sent the offer to them.
My question is.

I will contact the court to get dates for upcoming Settlement Conference, in the past she has refused all of them, so when I give her new dates and she refuses what are my other options??

I will be asking her what dates that she can make it on as I am flexible due to self representation.

Help

Thanks
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Old 02-07-2014, 09:29 AM
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wretchedotis wretchedotis is offline
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Quote:
Originally Posted by Canuck1965 View Post
Question to the forum.
I have sent in an “Offer to Settle” and the ex’s lawyer has not gotten back to me with a counter offer, the offer was sent to them in early Dec 2013.

When I send them an e-mail to see were they are in a reply all I get is “when I meet with my client I will be in contact with you” I have now sent to date 3 requests. I got an e-mail from the ex saying that she knows I have sent the offer to them.
My question is….

I will contact the court to get dates for upcoming Settlement Conference, in the past she has refused all of them, so when I give her new dates and she refuses what are my other options??

I will be asking her what dates that she can make it on as I am flexible due to self representation.

Help

Thanks
An offer to settle is not the same thing as a Settlement Conference.

Send your offer to settle, and don't really expect a response.
You might get one, you might not.

If your offer is not accepted, and you do not accept any offers to settle yourself - they will really only come into play after trial. At which time, The Justice will look at any/all offers made from both sides.

In the Justice's opinion - they will look at the most fair offer made (and by whom) and court costs may be awarded based on who was playing most fair. (In other words closest to whatever the Justice rules after trial.)

As for Settlement Conference. It is not uncommon for that date to be decided during the previous Conference before the Judge. Was there no talk of it at Case Conference? If the Justice indicated a date, you should go with that.

I don't exactly remember from my own experience, but I think you (assume you are the Applicant) set the dates with the Court (go talk to a clerk).

I never once considered my ex's lawyers schedule when I made a court date with the clerk. The other side can and will ask for an adjournment if there is a conflict.

Last edited by wretchedotis; 02-07-2014 at 09:31 AM.
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Old 02-07-2014, 05:34 PM
mememe mememe is offline
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My ex's lawyer never--has never--met a timeline or, when they said they would send the offer---it wasn't sent. Can you:
a. find out some available dates from court point of view
b. send such available dates to spouses' lawyer
c. state need a response by..... or you will be booking a date without their input???

just a thought
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Old 02-07-2014, 06:43 PM
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arabian arabian is offline
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When my lawyer has met with this sort of resistance he simply sends a letter to the other lawyer saying he is going ahead with or without them and that if they don't cooperate he will be seeking costs.

My lawyer now has the judge's endorsement for costs.
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Old 02-07-2014, 06:46 PM
mememe mememe is offline
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that sounds like the best advice

I have to learn---don't worry about them, focus on what you have done and let them stress trying to prove you wrong. I need to change my thinking. Thanks for your simple solution. I am always trying to change their behaviour--waste of time and money.
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Old 02-07-2014, 07:32 PM
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I understand your anxiety. It is YOUR life that they are dealing with.

While I think it is foolish to try to micro-manage one's lawyer I do try to keep an eye on the status of my file.
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Old 02-10-2014, 10:32 PM
Helpinghands Helpinghands is offline
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If she does not agree to dates, is it possible you turn around and ask her to provide you with three suitable dates within the next month time frame? otherwise you go ahead with or without her.
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Old 02-11-2014, 09:03 AM
Canuck1965 Canuck1965 is offline
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Well I sent to the ex's lawyer 3 dates for her to choose from and I asked that if these dates were not convienent to send me her most favourable date as I am flexible. I gave her till this Friday to respond.

So now I would have to file Form 17 with the courts if she gives me nothing, would that all that I would have to do?

I have started prepairing my Settlement Conference paperwork.

Thanks

Cheers
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Old 02-11-2014, 09:04 AM
Canuck1965 Canuck1965 is offline
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Thanks all for your imput, it is well appreciated.
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Old 02-11-2014, 10:24 AM
Helpinghands Helpinghands is offline
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I don't understand why yo have to get dates for a SC. Wouldn't your judge have already set a date for that? If the judge did, and for some reason you both adjourned it upon consent and are now having trouble coming up with a mutually agreed date then please make sure you send her a letter through registered mail before friday , that can show proof that you gave her the chance to choose a date that fits her schedule , and then go ahead and get your Form 17 done , served and filed. If she has issue with the SC date she can ask for adjournment on the day of, but would have to justify it.

Make sure you leave paper trail, NOT email, but paper trail showing that you have been trying to set a date but she has been unwilling too. Maybe in your final letter set out the history with the dates that you had provided her and her response and finally leaving it open for her to decide but haven't heard back. Do this before this Friday because that is your deadline for her.
Good luck
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