Confirmation And Settlement Process In San Diego
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Oftentimes, clients and their counsel will say, “Judge, what do you think is a fair settlement?”; and “Judge, how do you evaluate the case?” Parties can even take a more aggressive approach, urging me to “convince the other side why they're wrong and why they have no case.” I put them off in the initial caucus by ...
In a settlement conference, a judge or volunteer attorney will be there to help you and the other party find a solution to your dispute. They won't make any decisions or orders in the case, but they will evaluate the strengths and weaknesses of your arguments and try to negotiate a settlement.
Use positive, respectful and generous negotiating behavior to engender it in return and make it easier to influence the other side into accepting settlement proposals. Express a desire to meet the needs of the opposition so that they can repay the favor by meeting your needs.
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.
Superior Court of California - County of San Diego.
How Do I Prepare for an MSC? (Meet and Confer, Settlement Brief and Other Supporting Documents) Each party must also prepare a written Settlement Conference Brief and timely file and serve the documents found in the MSC packet on the other party 10 days prior to the hearing.
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.
FACTUAL BACKGROUND. Write a short version of the facts that led to the filing of this case. STATEMENT OF CLAIMS AND DEFENSES. List the plaintiff's claims. SUMMARY OF COURT PROCEEDINGS. FACTS IN DISPUTE. RELIEF SOUGHT. ISSUES TO BE RESOLVED BEFORE SETTLEMENT. SETTLEMENT OFFERS.