Confirmation And Settlement Process In Maricopa
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Settlement Conferences as a Method of Alternative Dispute Resolution in Arizona. A settlement conference is like a mediation, but with the use of a third-party appointed by the Court. This third party is typically a judge, but could be, in some jurisdictions, another legal professional.
An MSC is a meeting of the parties as part of a case resolution plan. The purpose of the MSC is for the parties to discuss the disputed issues and facts of the case in an effort to resolve their matter by agreement.
Settlement conferences conducted by this Court are generally scheduled for two to three hours and may be one of two such sessions in a given day. Consequently, lengthy opening sessions/statements typical of some private mediations will generally not be entertained by the Court unless permission is obtained in advance.
Did you know that there are ways to settle your dispute without going to court? A settlement conference is one way to settle a court case without a trial. In fact, 80% of cases are resolved in this way.
Ing to ARCP Rule 16.1 and Maricopa County Local Rule 3.11, the Court has discretion to direct parties in any civil case to a settlement conference to facilitate settlement.
Most settlement offers will come with an expiration date, ranging from a few days to several weeks, after which the other party can withdraw the offer or make the terms less favorable.
To accomplish this the judge or neutral responsible for conducting the conference will talk to the parties about their respective positions, discuss disputed facts and legal issues, and (of course) talk about what each side is prepared to do in order to settle the matter.
One potential con is that engaging in settlement negotiations may portray to the other side that you are not confident in your case. However, this is most often not a concern and the potential risk can be mitigated by a skilled attorney.