How a Settlement Conference Can Save You Thousands of Dollars and Keep Your Personal Life Private

​A settlement conference is a way to try and resolve a case without going to court.

This process can be a cheaper and more private way to deal with the situation. Settlement conferences are usually handled differently than standard court proceedings, so it is important to discuss the case with an attorney first.

What is a Settlement Conference?

A settlement conference is a meeting where two or more parties can come together to discuss and hopefully resolve a dispute. Similar to a pre-trial conference, this meeting is held before going to court.

Generally, the goal of a settlement conference is to find a solution that everyone can accept. Settlement conferences can be helpful in resolving divorce disputes because they allow the parties to get together and talk about their problems in a less adversarial way than is common during litigation.

There are a few things that participants need to know before attending a settlement conference. First, both sides need to agree to participate in the conference. Second, a settlement conference is presided over by a judge. Third, this meeting typically takes place in person, but depending on specific circumstances, can also be done over the phone or by video conference.

At the settlement conference, each side will present its case to the other, and hopefully, reach an agreement on how to resolve the dispute. If an agreement is reached at this time, both parties can save themselves thousands of dollars in costs and can also avoid the negative publicity that may come with a public trial.

If no agreement is reached, the parties may proceed to take the case to court.

New York Settlement Conference Basics

New York Settlement conferences often involve lawyers who have mediation experience and help negotiate an amount on which both sides can agree. But that is not all. If you have a settlement conference coming up, are preparing for one, or are simply reading for information, here is a list of the things you can expect at a New York settlement conference.  Remember, you can also have a private settlement conference online to resolve even your most heated arguments.  I often get called in to help people going through divorce to reach resolution without the aggravation of waiting for trial. When I clerked for Judge Sunshine in the New York State Supreme Court, I helped him to move the calendar by having settlement conferences where cases were resolved. I offer this same service privately today.  You can meet with me together with your lawyers and finalize your case. We can meet online and completely resolve the entire case at any point of litigation.  Here are some things to know about a New York Settlement Conference. 

A. Both parties needs to be present of have a legal representative present on the given date.

Both sides of the dispute in the New York settlement conference need to be involved reaching a resolution so that it satisfies your needs. It is important to note that unless you give your attorney full authority to resolve your case it is best if you are present at the settlement conference. In the case of a company or corporation, the person attending must be able to make decisions on behalf of the company or corporation. So, you and your legal counsel need to be present on the given date in order to make progress the best. If either side is not able to attend, the court will declare a default and may move forward with court proceedings without them. Both parties are required to be present or have a legal representative present in order to make sure that all issues and concerns are addressed and that any agreements reached are legally binding.

B. Any attorney present must have prior knowledge of the case, and must be able to negotiate on your behalf.

Attorneys often negotiate on behalf of their clients in court, but in the case of a settlement conference, your attorney must have prior knowledge of the case. This means that they must be familiar with the facts of your case and be able to communicate fluently without having to take several pauses to ask you questions. This is a helpful requirement as it helps save time. While you will have the last say, your legal counsel is required to have an idea of what you want and thus make offers and counteroffers on your behalf.

C. Your counsel will be asked to give a brief description of the nature of the case well as give a history of any settlement discussions that have taken place to date.

Before the conference, your attorney may be asked to give a brief description of the nature of the case and any prior settlement discussions (§ 1-31 Settlement Conferences and Agreements). You or your counsel may also be asked to detail why a most recent demand or offer was accepted or rejected. The attorneys for both parties will explain to the judge where the case currently stands, and it will proceed from there. Even if you do not have any prior negotiations, no problem. You just have to work with your attorney, who will work tirelessly for your best interests. Your lawyer will also explain everything in detail as the conference proceeds, so you can make an informed decision.

D. Both parties will be allowed to present what they both think is realistically acceptable for them to settle the case.

The main goal of a settlement conference is to allow both sides to come together and find a resolution with which both parties are comfortable. This process can help avoid long and costly litigation, and it can help resolve disputes more quickly and easily. As such, during the settlement conference, both parties will be allowed to present what they each think is realistically acceptable for them to settle the case.

What is the Difference Between a Settlement Conference and Mediation?

The main difference between mediation and settlement conferences is that mediation takes place in the absence of a judge, while settlement conferences take place in the presence of a judge.

Essentially, a settlement conference is a judge-supervised meeting between the parties involved in a dispute in order to reach an agreement. Mediation is a different type of process that does not require the participation of a judge. Instead, it uses a third party, called a mediator, to help the disputing parties come to an agreement.

During mediation, you are often allowed (and are oftentimes encouraged) to negotiate by yourself. Mediation is often useful in cases like divorce, child custody, and other family matters. In these instances, you can easily negotiate mutually acceptable terms with an ex-spouse.

A settlement conference often involves issues such as can involve these same issues but it indicates that you are in court, and stuck in a fight.  Typically lawyers are also involved and it may feel like mediation will not work.  But the reality is with an experienced mediator, you can actually have a total settlement conference and avoid waiting for the court to get involved.  Remember, often when you get to court, the judge sends you out to make your own decision anyway. As these cases often involve a third party that has a solid legal team, it is most often recommended to work with a skilled attorney if you wish to make the most out of your case.

If you work with Gabrielle on your settlement conference, you can avoid costly litigation, protect your personal life from public scrutiny, and rest assured that you will get a favorable settlement.