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HOW TO PREPARE FOR A SETTLEMENT CONFERENCE IN DIVORCE
Frequently in a
divorce, the parties engage in a settlement conference prior to
trial in hopes of settling the case and avoiding a trial, saving the
financial and emotional cost of trial. Settlement conferences
usually have a settlement conference master who is independent (often a
retired judge or practicing family law attorney) and assists the parties
in reaching a settlement. The following are some ideas that help the
parties reach a settlement at a settlement conference.
First, do your
homework in advance. Complete all discovery so that everyone knows all
the facts. Next, present this information to the settlement conference
master in an organized fashion. This should include a cover letter that
gives the background of the case, and all the necessary information on
all the relevant issues (parenting plan, incomes of the parties, child
support, spousal maintenance, property and debt division, restraining
orders, etc.). You should include a spreadsheet of the division of the
assets, and documentation showing the value of all assets. You should
provide income verification and Child Support Worksheets. You should
include your proposed Parenting Plan.
You need to
organize and present all the information necessary to prove your case.
While it is not a trial, you need to document your position. All of this
information should be submitted to the settlement conference master (and
the opposing party/attorney) at least 2 days in advance of your
settlement conference. You should also receive the other party's
documents and letter at the same time. This will give you some time to
understand their position and prepare arguments and find documents
against it.
Once you have
submitted your documents, you then need to prepare yourself mentally for
settlement. This is not a trial, and to settle a case, usually
both sides must do some "give and take". It is also important to try to
understand what your objective is and what the other sides objective is.
Sometimes there are emotional issues that are more important than the
dollar amount. If you know what they are, and are willing to "think
outside the box", sometimes you can be creative and find a solution that
meets both sides objectives.
One of the most
important suggestions is to listen to your settlement conference master.
He will have read both sides information and will be approaching it
objectively as a trial court would. You need to listen to his opinion,
because if the case goes to trial, chances are the trial judge will read
the case the same way the settlement conference master did. You and your
attorney are biased in your favor. The other side is biased in their
favor. This is your opportunity to hear a neutral opinion on the case
prior to trial. Listen and be willing to settle.
Finally, figure out
what the differences are between the two sides, and what the dollar
value of that is. Compare that with the cost and risk of trial. Is it
worth it to go to trial? It may be, but don't assume that going to trial
means that the judge will agree with you. After hearing the case, the
judge may agree with the other party, and you would have done better
with the results of the settlement conference. What will your attorney
charge you to prepare for trial, and to go to trial? Trials can be very
expensive (more than the value of what you are arguing over).
Realistically evaluate the risks.
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MOGREN, GLESSNER & ROTI, Renton, Washington, 98057
Phone: (425) 255-4542
Our law firm is conveniently located in Renton, King County, WA, just off the freeway at the intersection of I-405 and I-167, easily accessible from Seattle and Bellevue Washington. Our
three family law and divorce attorneys represent clients in the greater Seattle area and throughout the State of Washington, including the communities of Renton, Kent, Tukwila, Seattle, Bellevue, Mercer Island, Issaquah, Fairwood,
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experienced family law and divorce attorney / lawyer. Our attorneys represent both men and women in divorce
and the drafting of simple wills,
and are members of the Christian Legal Society. Our lawyers offer affordable rates
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The free information and help contained in these
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attorney-client relationship. You should always consult with a lawyer before
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planning documents. We offer a Christian perspective in our practice, yet
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and are easily accessible to the greater Seattle area.
Serving both male and female clients in the Seattle, King County, WA area, including the communities of Kent, Renton, Tukwila, Southcenter, Seattle, Auburn, Bellevue, Mercer Island, Federal Way, Maple Valley, Des Moines, SeaTac, Burien, Fairwood,
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MOGREN, GLESSNER & ROTI, Renton, Washington, 98057
Phone: (425) 255-4542
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