When parties and/or their attorneys are miles apart in settling a case, one of the most effective tools I have found is to do an informal settlement conference. The parties agree to hire a retired judge or experienced attorney. Both parties submit in advance, their settlement proposal with supporting documentation. The settlement conference master then meets with the parties at one office, but separate rooms. He then tells the parties that he understands the strengths and weaknesses of both parties positions based upon what they have submitted. He then tells one side what he thinks, and then goes and tells the other side. When he comes back, you have the freedom to tell him what you like and don't like, and authorize him to take your offer to the other side. He then does that, giving his opinion with it. He then does shuttle diplomacy with both sides, trying to work out a settlement. If we reach an agreement, we typically draft up a CR2A Agreement that is binding on the parties. Later the formal court documents are drafted and submitted to the court.
This process is highly effective because we have an independent, experienced and knowledgeable person going between the rooms. We are not just splitting the difference, we are trying to work out a settlement that is similar to what the trial judge might do. If we can know what that result would be in advance, there is usually no reason to spend the time, emotions and money to go to trial.
The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. We frequently use settlement conferences to settle cases short of trial. Please visit our web page at http://mgrlaw.com/SiteMap.html for more information.
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