New York Settlement Conferences are a type of alternative dispute resolution (ADR) used to resolve disputes without going to trial. The conferences are conducted by a neutral third-party mediator, typically an attorney, who is appointed by the court. The mediator will listen to both parties involved, facilitate communication, and attempt to reach an agreement. The purpose of a settlement conference is to facilitate a resolution between the parties that is fair, just, and cost-effective. The court will set a date for the conference, and both parties must attend. The settlement conference is not open to the public and is confidential. There are three types of New York Settlement Conferences: Case Assessment Conferences, Mandatory Settlement Conferences, and Post-Answer Conferences. Case Assessment Conferences are held soon after a case is filed in order to assess the issues, create a timeline for the proceedings, and develop a strategy for resolution. Mandatory Settlement Conferences are held prior to trial, and the court requires all parties to appear. Post-Answer Conferences are held after the defendant has filed an Answer to the Complaint. The purpose of this conference is to identify the issues in dispute and attempt to resolve them.
New York Settlement Conferences
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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.
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.
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.
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.
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.
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.