New York Settlement Conferences & Trial Assignment — updated 10/06/08 are a set of procedures and guidelines issued by the New York State Unified Court System (UCS) that are designed to facilitate settlement of cases before they reach trial. This updated version of the New York Settlement Conferences & Trial Assignment includes additional procedures for handling the scheduling of settlement conferences and trial assignment, as well as new provisions for fees and costs. It also includes provisions for the appointment of a mediator in cases where settlement is not achieved. The two primary types of settlement conferences and trial assignment procedures discussed in the updated version of New York Settlement Conferences & Trial Assignment are: 1) Settlement Conferences and 2) Trial Assignment. Settlement Conferences involve the scheduling of a settlement conference with the court in order to attempt to settle the case prior to a trial. The settlement conference may be conducted with or without the presence of a mediator, depending on the parties’ wishes. Trial Assignment involves the scheduling and assignment of a trial date, as well as the scheduling of pre-trial activities leading up to the trial. This includes the filing of motions, the exchange of documents, witness and expert testimony, and other necessary steps leading up to the trial. Both Settlement Conferences and Trial Assignment procedures involve the payment of fees and costs for the services provided, as well as provisions for the appointment of a mediator, if required.
New York Settlement Conferences & Trial Assignment - updated 10/06/08
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8 Tips for Winning in a Settlement Conference Know the Other Party. Take a moment to put yourself in the other party's shoes.Avoid Letting Emotions Take Control.Consider the Timing.Have a Clear Objective.Be Prepared.Avoid Bidding Against Yourself.Allow Plenty of Time.Write Clear Terms of Settlement.
A settlement conference is an opportunity for the parties in a case to discuss issues and make their own decisions as to how to resolve these issues, while meeting with a judge who will not preside over the trial in their case if a trial is still required.
A settlement conference is a meeting between the court, the bank's attorney, and you to talk about whether there is a way to resolve your foreclosure case without going to trial. Solutions can be a loan modification, deed-in-lieu of foreclosure, or a short sale.
What is a settlement conference? In a settlement conference, a judge or volunteer attorney assists the parties by evaluating the strengths and weaknesses of the case and attempting to negotiate a settlement of the dispute, but without making any decisions or orders in the case.
Perhaps the most typical example of a settlement conference is in a personal injury case. The plaintiff (usually an injured victim) and the defendant (often an insurance company) reach an agreement on the amount of compensation that the defendant will pay the plaintiff for their injuries.
A settlement conference is an opportunity for the parties in a case to discuss issues and make their own decisions as to how to resolve these issues, while meeting with a judge who will not preside over the trial in their case if a trial is still required.
There are several benefits to a settlement, but there may also be some potential down-sides. PRO: Cannot Be Used Against You:PRO: Gives You Control Over the Outcome:PRO: Quicker Resolution:PRO: Cheaper than Trial:CON: You Don't Get 100%:CON: Might Show ?Weakness:?CON: Might Tip Your Hand: