What Is a Settlement Hearing in Family Court

For more information and resources on divorces and other family law issues, check out our Family Law FAQ, podcast and Family Law TV playlist on Youtube. If you think the settlement conference judge didn`t understand your side of the story, you may want to go to court. As a general rule, however, the resolution of a matter during or after a settlement conference is preferable to a process: part of the custody arrangement settlement process is the custody settlement conference. This is to prevent fights and lengthy court battles and allow parents to make a deal themselves. Not only does this avoid having to rely on a judge to make a custody agreement, but parents are also able to reach an agreement that benefits all family members. Complete the Conference and Trial Claim Form and submit it to the Clerk`s Office. The request for the settlement conference is an administrative hearing, you will not appear on that date. Once the court has set a date, all parties will receive notice with a settlement conference and a hearing date. At a settlement conference, both parties sit down with their lawyers in a neutral office or location to create and enter into a custody agreement.

*A list of honorary judges and commissioners for comparative conferences can be found here. There are volunteers for the King County Courthouse in Seattle and the Regional Justice Center (RJC) in Kent. If you opt for a settlement conference where both parties meet with their lawyers, you can usually expect a longer meeting that will give you enough time to determine all aspects of the custody agreement, including: If you and your partner agree on an issue at your settlement conference, the judge can issue an order based on your agreement. Usually, you note your agreement in a consent agreement or settlement protocol and the judge will include it in a consent order. The Submit a Regular Motion step contains information on how to issue a consent order. One for the settlement conference judge, with the financial statements If you go to another comparative conference, you must prepare the same documents that you prepared for this, but they must be updated. You also need to follow the same steps, e.B. Hand over your documents, add them to your court record and confirm the date of your hearing. Perhaps the most typical example of a comparative conference is a case of bodily injury. The plaintiff (usually an injured victim) and the defendant (often an insurance company) agree on the amount of compensation the defendant pays to the plaintiff for his injuries. This will be based on the strength of the claimant`s evidence, the extent of its harm and the costs incurred. Often, the parties exchange several counter-offers before reaching an agreement that suits both parties.

Mandatory settlement conferences are common in cases that would otherwise go to court. This is the latest attempt by a judge to get a couple to compromise before they have to take the case to court. If you don`t think a compromise is possible, a unification conference may seem like a waste of time. However, you may be surprised at how willing your spouse is to compromise so as not to go to court. Do your best to attend a divorce resolution conference with an open mind and willingness to compromise – voluntarily or involuntarily. A deal could save you a lot of time, stress, and money. Who participates in a settlement conference?: Settlement conferences are attended by each party and their lawyers, as well as a judge. The judge present at the settlement conference is not the same judge assigned to your current case, but a different and unrelated judge. Confidential information – Protect your financial documents. Have them sealed by the court. Use a form for sealed financial source documents.

(This is form number FL All Family 011.) You can program it at any time that works for everyone. You can schedule it before, during or after normal hearing hours. Where are settlement conferences held?: Settlement conferences are usually held in a courthouse conference room, they are not usually held in a courtroom. The King County Superior Court Local Court rules on settlement conferences are KCLCR 16 and KCLFLR 16. KCLCR stands for King County Local Civil Rule. KCLFLR stands for King County Local Family Law Rules. Even if you disagree, the settlement conference judge can still make orders. Examples: In the event of divorce, the judge may appoint an ad litem guardian for dependent children.

The judge may appoint a «special master» or expert to advise the court on the welfare of the children, the property of a party, or the physical or mental condition of a party. If your case is before the Supreme Court or the Supreme Court Family Court, you must complete Parts 1 and 2 of a Trial List Approval Form at the end of your final conference. You list the issues that need to be resolved in court, the witnesses you want to call, and the time you think your trial will take. The form is checked and signed by the judge. There are no surprises. You know what you agree with. No. Example: You agree to settle for half of the marriage property.

You choose to do this if there are other parts of the colony that you like. They do not reach an agreement. The settlement fails. You can still claim more than half of the assets in court. The other party cannot tell the trial judge what happened at the settlement conference. These instructions apply to King County Superior Court cases. You can help in other dishes. Your county may have its own rules for settlement conferences.

Check the court registry here to see if your court`s rules are online. Not the trial judge. This is usually another judge or family law officer. It can also be a retired judge, a private lawyer or a settlement service. The arbitrator won`t always make divorces look like what they do in movies. In fact, most couples who divorce in California never see the inside of a courtroom. While some high-quality, complex, and controversial divorces may require litigation, most couples can settle cases without going to court. If you are one of them, you can settle your divorce case at a conference and not in a full process. A settlement conference can be faster and more cost-effective than going to court.

It can also give you control over the final terms of your divorce; During a trial, a judge makes the final decisions. Entering into a settlement agreement may facilitate future agreements with the other party. At a settlement conference, the judge wants to hear about all the attempts you and your partner have made to solve your problems. .