New York Settlement Conferences & Trial Assignment (updated 10/06/08) is a process for resolving civil disputes in the state of New York. Through this process, parties involved in a dispute can meet with a third-party mediator, or settlement conference judge, to attempt to reach a mutually beneficial resolution. If a resolution cannot be reached, the dispute is scheduled for a trial. The types of New York Settlement Conferences & Trial Assignment — updated 10/06/08 include— - Pre-Trial Conferences: This is an initial meeting between the parties and the mediator, or settlement conference judge, to discuss the dispute and explore potential resolution options. — Settlement Conferences: This is a formal meeting between the parties and the mediator, or settlement conference judge, to attempt to resolve the dispute. The mediator facilitates the negotiations and helps the parties reach an agreement. — Trial Assignment: If the parties are unable to reach a resolution during the settlement conference, the dispute is assigned to a judge for a trial. The judge will then preside over the trial and make a decision on the dispute.
New York Settlement Conferences & Trial Assignment - updated 10/06/08
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FAQ
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.
The disadvantage is that the parties do not get to choose their judge pro tem, and there is a strong possibility that their case could get assigned to an ineffective judge pro tem. In private mediation, the advantages and disadvantages are reversed.
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:
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.
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 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.