Setting the Stage for your Settlement Conference.
- Hold negotiations in a quiet, professional atmosphere, preferably on your turf.
- Dress for comfort; let the lawyers wear suits.
- Work out a complete list of needs and wants.
- Decide in advance what you must have and what you can give away.
- Have a written agenda you and your attorney worked out.
- Listen more than talk.
- When you talk, speak only for yourself and avoid generalizations — Use I-talk, such as “I think a reasonable spousal support amount is less than ...
- Remember you are not required to respond to everything thrown at you.
What should I expect at a settlement conference?
Reschedule for a date and time you know you can make. Speak honestly. Settlement conferences often begin with each side making a presentation about how they see the case. [14] Generally, any statement you make in a settlement conference cannot be used against you later in court. [15]
How do I know what to wear to a conference?
If there is a dress code, it can help you determine what is appropriate for that specific conference. For example, if the dress code is described as “business formal,” you will likely need to wear a work-appropriate suit and, for men, a tie or bow tie. 2. Look at the activity schedule and venues for clues.
What is a settlement conference in a divorce case?
Settlement conferences are used in all kinds of lawsuits, but they are very common in divorce and personal injury cases. The purpose of the conference is to resolve the dispute in a way that satisfies all parties to the lawsuit. Settlement conferences may be mandatory (required by the court) or voluntary. [1]
What color should you wear to a mediation?
A simple pump or flat, black, navy or nude in color is best. Likewise, you should opt for wearing simpler, fewer, less shiny pieces of jewelry.
What should a female wear to a deposition?
A women's suit or slacks and a blouse may be a better choice for women who are not comfortable in dresses. Avoid distractions. Your clothing, hair, makeup, nail polish, and accessories should all be neat and muted in color. Anything flashy or provocative can distract the jury from your testimony.
What color should I wear to a deposition?
Colors: It is best to wear solid pastel colors. Light blue works well. Avoid black and white, which can distort lighting and how your face appears in the video. You should avoid wearing plaids or other busy patterns.
How should I dress for an arbitration hearing?
To dress for a court hearing, wear something professional, like slacks, a dress shirt, and dress shoes. Or, wear a blouse or dress shirt paired with a knee-length skirt. If you choose to wear jewelry, wear subtle, tasteful items so you don't draw too much attention to them.
What should you not say during a deposition?
8 Things Not Say During a DepositionNever Guess to Answer a Question.Avoid Any Absolute Statements.Do Not Use Profanity.Do Not Provide Additional Information.Avoid Making Light of the Situation.Never Paraphrase a Conversation.Do Not Argue or Act Aggressively.Avoid Providing Privileged Information.
How do you answer tricky deposition questions?
How to Answer Questions in a Deposition: 5 Ways to AnswerAlways Tell the Truth. ... Listen to the Question in Detail. ... Dissect Any Compound Questions. ... Stand Up for Yourself During Questioning. ... Take Your Time Answering Deposition Questions. ... Admit to Mistakes or Inconsistencies in Your Answers.
What color should a woman wear to court?
What Color Should a Woman Wear to Court? Darker, more serious colors are preferable, and bright colors should be avoided. The best colors to wear to court are “conservative” colors (white, blue, navy, gray, and the like) and to steer clear of crazy patterns and shocking fashion statements.
What should I wear to look trustworthy?
One that caught our eye was pointing out to look trustworthy and authentic , wear business casual. To look like an expert wear formal business attire. According to the survey, 56 percent said neutral colors—white, beige, gray, black, brown, khaki, and navy—make someone appear more “authentic” vs.
How do you beat a deposition?
9 Tips for a Successful DepositionPrepare. ... Tell the Truth. ... Be Mindful of the Transcript. ... Answer Only the Question Presented. ... Answer Only as to What You Know. ... Stay Calm. ... Ask to See Exhibits. ... Don't Be Bullied.More items...
What is the best color for a defendant to wear to court?
The best color to wear to court is probably navy blue or dark gray. These colors suggest seriousness. At the same time, they do not come with the negative connotations that are often associated with the color black (for instance, some people associate black with evil, coldness, and darkness).
How do you impress a judge in court?
Be Respectful of The Judge At All Times When Speaking – And When Listening. “Your Honor.” If you want to impress the judge, make those two words part of your courtroom vocabulary. Your thoughtfulness is a sign of respect for the position the judge holds.
What should you not wear to mediation?
DON'T Take Your Appearance Lightly In a mediation meeting, you want to communicate that you're organized, responsible and capable. This means clean hair, light makeup for women, and (generally) a clean-shaven appearance for men. Your clothing should be neat and unwrinkled.
What color should a woman wear to court?
What Color Should a Woman Wear to Court? Darker, more serious colors are preferable, and bright colors should be avoided. The best colors to wear to court are “conservative” colors (white, blue, navy, gray, and the like) and to steer clear of crazy patterns and shocking fashion statements.
What should a woman wear to testify in court?
Women can wear either skirt suits or pants suits, with a blouse, and closed-toe shoes. All clothing should fit appropriately and conservatively, neither ill-fitting or too loose. Accessories, such as jewelry, watches, or bags, should be subtle.
How do you beat a deposition?
9 Tips for a Successful DepositionPrepare. ... Tell the Truth. ... Be Mindful of the Transcript. ... Answer Only the Question Presented. ... Answer Only as to What You Know. ... Stay Calm. ... Ask to See Exhibits. ... Don't Be Bullied.More items...
How do you prepare for a deposition?
Deposition TipsBe prepared. ... Think before answering. ... Never volunteer information. ... Make sure you understand the question. ... You must tell the truth. ... Don't get rattled or upset. ... Don't guess. ... If you do not remember, say so.More items...
Who runs the settlement conference should send you a list of rules or procedures?
Whoever runs the conference should send you a list of rules or procedures. Read these carefully and comply with all rules. This article can only summarize settlement conferences generally, but you always must follow any specific rules given to you.
What is settlement conference?
Settlement conferences are used in all kinds of lawsuits, but they are very common in divorce and personal injury cases. The purpose of the conference is to resolve the dispute in a way that satisfies all parties to the lawsuit. Settlement conferences may be mandatory (required by the court) or voluntary. Regardless of the type of settlement conference, you should prepare by thinking about what you want and the minimum amount you are willing to settle for. Talk about the case with a lawyer and then submit all required paperwork.
What do you need to know in a divorce?
In a divorce dispute, for example, you’ll need to determine child custody, visitation, child support, and spousal maintenance (alimony). You should figure out what you want in all areas. In a personal injury dispute, you’ll need to decide how much money you are willing to pay or accept.
What is the role of a mediator in a settlement?
A mediator’s job is to guide the discussion and to get the two sides listening to each other. Even if a judge runs the conference, realize that they will not be deciding anything during it.
What to do if a settlement fails?
If settlement fails, then you’ll probably have to go to court. You should analyze whether you’re likely to win at court. If so, then you can be aggressive at the settlement conference. If your case is weak, then you probably should seek resolution during the settlement conference.
What happens if you don't agree to confidentiality?
If you don’t agree to the confidentiality rules, then you might not be able to go ahead with the settlement conference.
How to find an attorney for a settlement?
You can find an attorney by contacting your local or state bar association and asking for a referral.
Impressive Tops
How you dress for the day depends on your scheduled activities. Are you going to give a speech or presentation? Then you should plan to wear your best clothes that day. For an ultra-sharp look, wear slacks, a button-down shirt, and blazer. Ladies can also look great in a knee-length custom business skirt, tights, tucked-in blouse, and blazer.
Complementary Slacks and Jeans
A great top needs custom business casual pants of equal caliber. These bottoms are both modest and tasteful. Not only do you need a great fit, but you also need to make sure that they are in good condition.
Accessories for Business Travel
How can you go to a conference without your trusted laptop, tablet, and chargers? When you can store great information immediately through a recording or quick notes with your stylus, you get more out of the event. The way you store these essential items matters just as much as your outfit.
Why do you hold a settlement conference?
Alternatively, holding a settlement conference later on brings the benefit of knowing more information about the strengths and weaknesses of the other party’s case.
How long does a settlement conference take?
A settlement conference can take considerable time. Some will take all day. Do not be tempted to rush the process, but allow the negotiation to take its course. Taking breaks through the conference can help prevent fatigue and keep your mind fresh.
What is the importance of recording the terms of a settlement agreement?
Once you reach an agreement, it is important that you record the terms in a carefully drafted Deed of Settlement and Release or Settlement Agreement. Your Deed or Agreement should precisely capture the terms that were reached so as to leave no room for further disagreement.
How to avoid bidding against yourself?
Avoid Bidding Against Yourself. A settlement conference will often have a number of offers and counter-offers passing back and forth. If your offer is rejected, do not be tempted to immediately make a weaker offer. Bidding against yourself can create a perception that you need to settle.
What happens if you get rejected in a settlement conference?
If your offer is rejected, do not be tempted to immediately make a weaker offer. Bidding against yourself can create a perception that you need to settle. After each rejection, take some time to consider your position in light of your overall strategy and aim.
How to negotiate a resolution with a friend?
Take a moment to put yourself in the other party’s shoes. Think about what they are trying to achieve and why. This does not mean you have to agree with them (or that they are right), but it can be helpful in negotiating a resolution. For example, if you know they want something that you do not consider important, you can give them this in exchange for an item of higher value to you.
How to resolve a dispute with a friend?
Attack the problem, not the other party. Put aside your feelings for them as people and focus on the facts of the matter at hand. Being aggressive and getting personal is likely to hinder your chances of resolving the dispute. While sometimes difficult, it is important to stay calm and leave emotions at the door.
Settlement Conference Prep: Settlement Negotiation Tips for Winners
We turn now to the Central Intelligence Agency (CIA) for some advice on negotiating a favorable divorce settlement.
Information is Worth More Than Gold
Many of the great breakthroughs of World War II only were possible because of the exemplary work of the Intelligence Division of the Polish Home Army (Armii Krajowej or AK). 1 The AK’s spymasters had the unenviable task of gathering intelligence against an occupying army, Hitler’s Nazis.
Setting the Stage for your Settlement Conference
Just as the AK’s intelligence service was hard at work from the very beginning, breaking down and passing along valuable information about such diverse things as the Enigma encoding machine and the construction of German airfields, so too you need to plan very early for the settlement conference:
Consider Your Strategy
A negotiation means having something to bring to the table. This is where a little information goes a long way. Ignore your suspicions and hunches about your ex-wife’s possible wish-list. Pay attention to what you have seen her prioritize in the past.
Negotiating Money & Property
Every settlement negotiation eventually gets around to money and valuation. How much is a vacation cabin worth? Who owns the ATV? In a negotiation, something is only worth what the other person is willing to pay for it. Insisting you can get $7,000 for the ATVs is useless if your ex-wife values them at $700.
Just Listen
Be prepared to listen to your attorney and to listen to your ex-wife’s attorney, and — dare we say it? — your ex-wife herself. She may reveal something she will give up in return for something you can easily give away, like fine china or a set of crystal. By listening more than talking, you collect information and give away very little.
How to do a settlement conference?
If settlement conferences are typical in your area of practice, consider letting clients know at one of your first meetings that this is an option, and what it entails. Follow up by letter or email to your client once you determine that a settlement conference is the next best step. Discuss whether the parties will be present at the settlement conference, where it will be held, and whether it will be on or off the record. Inform your client, if you can, about the court’s protocol for allowing a substitution of judge after a settlement conference.
When is a settlement conference best conducted?
A settlement conference with the court is best conducted after it has become clear that one or more issues are preventing the parties from coming to an agreement on their own. This means that it is usually more helpful to have a settlement conference closer to a contested hearing or trial.
What is informal settlement conference?
Often, informal settlement conferences are held with attorneys and the judge in chambers, perhaps with the parties present as well, especially if one party is not represented by an attorney. While there are provisions for settlement conferences in criminal cases, this article focuses only on civil cases, particularly in the area of family law.
Why do you need to confirm your client's agreement to conduct a settlement conference?
To avoid potential problems later, confirm your client’s agreement to conduct a settlement conference while both parties and attorneys are present at a pretrial hearing. This confirmation on the record may help clarify everyone’s expectations ahead of the conference and could also give the judge insight into the issues that need to be addressed during the settlement conference. Additionally, this is a critical step if you are unaware of whether your particular judge allows settlement conferences or not.
How to be respectful in court?
Similarly, be respectful of the opportunity to speak with opposing counsel and the judge in chambers. Remember that there is a difference between making an argument and being argumentative. Once you have made your presentation, focus on listening. You may learn something, and, regardless, you are unlikely to change anyone’s mind by being disrespectful. Additionally, treat courthouse staff with kindness, and do not overly distract them from their other responsibilities.
Should settlement conferences be held late?
If possible, the settlement conference should not be held so late in the process that the parties are prepared (emotionally and financially) to take the case to trial regardless. 2. Discuss the process with your client.
The procedure of a settlement conference
Both the parties in a settlement conference will provide a brief background about the dispute to the judge so they can help in resolving the case. The judge will then meet the attorneys of the parties separately and listen to their part of the case. This section of the settlement conference is not always attended by the parties themselves.
Purpose of a settlement conference
The main purpose of a settlement conference is to save the cost and time of both the parties and the court by encouraging them to reach an out-of-court settlement and avoid going for a trial.
Who manages the settlement conference?
The settlement conference is conducted by the provincial court judge. However, if the judge couldn’t reach the settlement in a lawsuit, then a trial judge will hear the case who will not be the same who heard the case at a settlement conference.
Why are settlement conferences required?
Settlement conferences are good to settle small claims issues and lawsuits that don’t require open court hearings or trial dates. Except for the cases where the motor vehicle accidents caused property damage.
Who should attend the settlement conference
The parties involved such as claimants/plaintiffs, defendants, and any other involved third party must attend the settlement conference.
Options to consider after a settlement conference
After the arguments and personal meetings between lawyers from both sides and the judge, if the case reaches a settlement, then a judge would immediately issue an order listing down the terms of the settlement.
Why do you have to attend a settlement conference?
You need to be there because one of the primary reasons for the conference is to see if your case can be settled by the parties, thus avoiding a trial. If a settlement is reached, the settlement documents are prepared, signed by all parties, and thereafter submitted to a judge for approval. The judge will then review the settlement to determine whether it is fair and reasonable. If so, the judge will then issue an Award and/or Order approving the settlement. Clearly, if you weren’t at the conference, any potential settlement reached could be delayed from days to months while the settlement documents are circulated for each parties signature and then submitted for the judges review and approval.
What happens if you don't attend a settlement conference?
Clearly, if you weren’t at the conference, any potential settlement reached could be delayed from days to months while the settlement documents are circula ted for each parties signature and then submitted for the judges review and approval. While it is mandatory to attend the conference, it should be kept in mind that it is not mandatory for ...
What If My Claim Doesn’t Settle at the MSC?
If your case doesn’t settle at the MSC, one of three things will usually occur:
What to do if a case does not settle?
Generally, if it does not appear that your case will settle (either before or at the MSC), your attorney will prepare the paperwork necessary to proceed to trial. This is not done out of pessimism, but is to in part show the insurer that if a settlement is not reached, the claimant is more than willing to proceed to trial. This paperwork is called a “Pre-Trial Conference Statement” or “Stipulations and Issues”, and it lists all witnesses that will be called upon to testify, as well as the medical records and/or other evidence to be used or relied upon by each party at trial. It should be noted that once discovery is closed at the MSC and the case is set for trial, no further witnesses or exhibits can be added by either party.
What happens if the parties fail to settle?
If the parties settlement negotiations at the conference fail to result in a settlement, the attorneys will then appear before the judge to explain why the case cannot settle. At that point, some judges are more than willing to have the case proceed to trial if the issues are legitimate .
What happens when a settlement is reached?
If a settlement is reached, the settlement documents are prepared, signed by all parties, and thereafter submitted to a judge for approval. The judge will then review the settlement to determine whether it is fair and reasonable. If so, the judge will then issue an Award and/or Order approving the settlement.
Why is my case taken off the calendar?
For instance, your case may have settled, but it will take time to finalize the settlement agreement. Alternatively, your physical condition may have recently changed and requires additional treatment and work up .
