What Is A Settlement Conference? Everything You Should Know
In the present day, there are different types of cases that reach the court. Well, it happens due to the confusion, controversy, and non-eagerness of settlement between the two parties over a matter. In these types of cases, both parties seek court trials to reach a satisfactory conclusion.
However, all cases do not reach the trails. The lawyers from both ends produce a settlement conference and try to settle a matter. Generally, the judge conducts the case hearing. It is basically a small proceeding that needs less time.
The format of a settlement conference remains the same in most leading countries of the world. Moreover, you should be precise if you really want to settle a particular matter. In this article, you can know about the aforesaid conference in detail. Go through the points given here to understand.
Settlement Conference: Definition
In this section of the article, you would come to what is a settlement conference. Well, it is simply a kind of hearing that the judge of the court conducts. The main aim of the hearing is to settle disputes in a case avoiding the advancement of the case too complicated trials.
If you are in a condition to take the conference settlement for help, beware that it can be applied to different types of cases. Well, here is a shortlist of the types of cases where you can put a mandatory settlement conference:
- Mediation between the two parties over a matter.
- Marriage and divorce settlement conference.
- An arbitration case or any situation similar to that.
- Any complicated administrative hearings.
In most leading countries, The SC takes place in the chamber of the judge. So, you can expect no court reporter to be present when the entire proceeding takes place. Moreover, you would not find any other person apart from the people connected to the case to attain the hearing process.
Settlement Conference: Scheduling Procedure
The court of law would only need an SC when both parties request it. In case, either of the two parties requests it, the lawyers can convince the other party too. Generally, the scheduling process starts as the judge’s assistant connects with the lawyers and requests them for finalising a time schedule.
It is the responsibility of a lawyer to connect to the judge’s assistant and get the entire schedule done. The best you can do is know the details regarding settlement conference vs. mediation to have distinct knowledge about the process.
Major Occurrences In Case Of Settlement Conference
This is yet another vital thing you need to remember when it comes to SC. Be it a settlement conference divorce or any other case, the basic occurrences remain the same. You should go through them thoroughly. Minutely read the points given below:
- The Judge wants some background knowledge about the case.
- Once he gets it, he reads out the entire thing and allows both parties to speak up regarding it.
- The judge meets the lawyers of both the parties and talks in detail regarding the case.
- Once the judge completes addressing both the parties, he can tell his own point of view regarding the case.
- The judge can also mention the laws and articles that come under the act in case of settling the case.
- It is totally up to the judge (and the law) for a party to win a settlement conference. However, the judge checks that both parties get some advantage over a matter when the settlement takes place.
- Both the lawyers and the judge tries to make the conference constructive. So, the conclusion of the case has a proper balance.
- No matter if it is a normal or a felony settlement conference, the judge might ask both parties to return after a few weeks. Moreover, in case of partial settlement, the parties might request the judge for second scheduling.
- In case, it remains unsuccessful, the judge can shift the case to trial. Well, in such cases, you can expect the same judge to preside over the case or a new judge to come to the scene.
Tips To Win A Settlement Conference
As you now know the major occurrences of a settlement conference, it is time to go through the tips to win the same. Make sure you remember the following as it can keep you stress-free throughout the procedure and increase the chances of winning. Have a look:
- Know the perfect time to request an SC: You can expect to win a settlement conference when your lawyer places it at the correct time. Well, you should know the time when your lawyer would request an SC
- Discuss the entire procedure with your lawyer: You should always discuss with your attorney about the SC procedure and the occurrences.
- Follow a proper plan: Make sure you ask your attorney about a plan. This can be a great way to get the most from an SC.
- Have a knowledge of the law: In case you are a part of a lawsuit, it is vital that you know some basic law. The best you can do is ask your lawyer to give some insight about the law which you would need.
- Take proper notes: It is very important to have a mandatory settlement conference statement sample. So, you should check if your lawyer has proper notes or not’.
- Know when to stop: In case of an SC proceeding, you should always know when to stop. It can maximize the chances of you winning a case.
Frequently Asked Questions (FAQs)
If you have a lot of stress-related to a lawsuit, you can go for a settlement conference with your lawyer. However, check if the other lawyer is willing to do the same. You can expect your case to settle quite fast if it comes into the SC setup.
As a result, you can even save a lot of money. The best you can do is go through the facts related to SC if you desire to avoid the trails.