What Happens at a Pretrial Conference?
Although the specific process may vary from state to state, generally, you, your spouse, and your respective attorneys will all attend a pretrial conference. At the conference, a judge will review the remaining issues in your case, certify them for trial, and set a trial date. A judge may also ask you and your spouse to make a final attempt at settlement.
Typically, pretrial conferences are held in a judge’s chambers—a more informal setting than a courtroom. Usually only attorneys are invited in chambers and a judge may use this time to be frank about each spouse’s likelihood of succeeding on their claims at trial. A judge has discretion to order the spouses to try settlement one last time at a pretrial conference.
Why Is a Pretrial Conference a Good Time for Settlement Negotiations?
A pretrial conference is usually the last hearing scheduled in your case before trial. By this point in your divorce, you understand the issues, your spouse’s position, and your likelihood of succeeding on your claims. Attending a pretrial conference reminds everyone that trial is right around the corner. Because there is a lot of time and expense involved in going to trial, some couples jump at the opportunity to settle their case.
Sometimes spouses don't realize how weak certain positions in their case really are until a pretrial conference, where a judge will be more forthright about the likelihood of success for either spouse. If you hear a judge tell you you have very little possibility of succeeding on a claim, you may be more willing to compromise and negotiate with you spouse. Also, a judge who sees that the spouses aren’t too far apart in their positions may try to push the couple to resolve their issues.
What Should I Know About Settling at a Pretrial Conference?
Settling your case at a pretrial conference is similar to settling at any other time in your divorce—you can’t be coerced or pressured into settling. Your settlement will be on your terms. Your settlement discussions will likely take place in a spare room in the courthouse. You and your spouse may be in separate rooms with attorneys going back and forth, or you may be in the same room if you still have a good working relationship. Your attorney will be there to offer advice, but ultimately the decision to settle is yours.
Don’t settle unless you think the settlement is fair to you. If you’re able to reach an agreement with your spouse, your attorneys will draft up a written agreement for you and your spouse to review and sign. Your attorney may then read the terms of your agreement into the court record. A judge will ask if you agree to those terms. Once you and your spouse acknowledge the settlement on the record, your attorney will file some final paperwork and your case is complete. If you and your spouse aren’t able to reach an agreement, you’ll move forward with trial.
What If I Change My Mind After Settling?
Although you’re not required to settle your case at a pretrial conference, if you do, you’re bound by the terms of your agreement. Setting aside a settlement is very difficult unless you can prove fraud or coercion or some other grounds that show the settlement was made in bad faith. For example, if your spouse failed to disclose a large asset or bank account, you may be able to set aside the settlement on fraud grounds. If there isn’t a reason to set aside your agreement, you’ll have to live with those terms.
It’s important to understand your rights and financial position before entering into any settlement agreement in your case. Although your divorce and the terms of your settlement may be final, you may be able to modify certain aspects of your divorce decree later, including child custody or alimony, if circumstances justify it.
Questions for Your Attorney
- My spouse and I already failed to settle our case at mediation. Do I have to attempt settlement again at a pretrial conference?
- If I have an apparent advantage at trial, should I avoid settling my case beforehand?
- I want to try to settle my case but my spouse doesn’t want to. Can a judge force my spouse to attempt settlement at a pretrial conference?