What Is a Settlement Conference?
A settlement conference can mean many different things depending on where you live and your states’ rules. Today, most states require divorcing spouses to attend mediation before a judge will schedule a divorce trial. A settlement conference is different than mediation. At a mediation, a neutral third-party mediator will shuffle between you and your spouse in an effort to facilitate settlement. Settlement conferences usually take place late in a case and often happen because a judge orders one. A mediator may be present at your settlement conference, but in most cases a judge, not a mediator, will supervise and facilitate the meeting.
A settlement conference will give you and your spouse the opportunity to discuss your case and possibly reach an agreement. Your conference may take place at the local courthouse or at another attorney’s office. You aren’t required to reach an agreement at a settlement conference, but if you do you can save yourself a lot of time and expense by avoiding trial.
What Issues Will Be Decided at a Settlement Conference?
Every issue in your divorce is relevant at a settlement conference. These issues may include child custody and visitation, child support, dividing marital property, and alimony. You’ll want to be very specific in any agreement so that there’s no room for argument down the road. For example, if you and your spouse are only able to resolve a few, but not all issues in your divorce, then you’ll still have to attend trial to resolve the remaining issues in your case.
You control what issues are decided at a settlement conference, and how they are decided. This is different from a trial where a judge will make decisions that affect every aspect of your case. There are some real advantages to settling at a mediation or settlement conference. Namely, you’ll have been able to decide your case on your terms. You know your case and your family the best, so couples are often happiest with their divorce agreements and final judgments when they’ve been able to settle things themselves.
If My Case Settles, Then What?
It’s great news if you’re able to resolve your case at a settlement conference. Even if you paid a mediator to help at your conference, you’ve spent a lot less money than you would at trial. Trials are exponentially more expensive than paying a mediator’s fees for a day-long mediation.
When you and your spouse reach an agreement, you will both sign the agreement and submit it to the court for approval. Typically, an attorney will draft final paperwork and file it with the judge. In many states, you may not even have to set foot in a courtroom and a judge will finalize and sign all paperwork without the need for a hearing.
Preparing for a Divorce Settlement Conference
Careful preparation goes a long way toward being successful at a divorce settlement conference. If you’re unclear on what items need to be divided or unsure about how you want to structure visitation, you probably won’t be able to settle your case. Many attorneys recommend that couples create an inventory of all their assets and debts well in advance of any settlement conference. Your inventory of assets will likely include checking and savings account information, stocks, retirement funds, pension plans, real estate or personal property. Your inventory of debts should include credit card balances, mortgages, car loans, medical bills, student loan payments and any other associated debts.
You should also have a good picture of each spouse’s earnings and historical income information, this includes paystubs and tax returns for the past 5 years. This type of income information is necessary to resolving alimony and child support issues at your conference if appropriate.
A divorce settlement conference doesn’t require as much prepwork as trial, but it still pays off to be prepared. If you have more specific questions about your case, contact a local family law attorney for advice.
Questions for Your Attorney
- My spouse isn’t willing to compromise on anything. Do I have to attend a settlement conference with her?
- There’s a settlement conference scheduled in my case, but I don’t have any information on my spouse’s earnings or assets. What can I do?
- I have moved out of state while my divorce is pending. Can a judge force me to travel to a settlement conference?