What is a "Mandatory Settlement Conference Statement"?
by Joyce (Rocklin, CA)
I have a long-term, ongoing case, currently without legal counsel. I'd like to know which facts should be contained in the "mandatory settlement conference statement"? Is this a form I can purchase at the courthouse or more of an informal statement letter?
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ANSWER for "What is a "Mandatory Settlement Conference Statement"?":
Joyce (Rocklin, CA):
It's unlikely you will find a Mandatory Settlement Conference Statement at the local office supply store. Instead we have located the form for you. Go to this site and download the file. It is PDF form and is the exact form you will need.
The form is self-explanatory. Completing it will take some time, and a good deal of thought and research. You will need to collect all of your medical bills, out of pocket expenses, and lost wages.
The form will ask you to summarize the discussions you had with the opposing side. It will also ask you to describe your settlement demand and the reasons you believe it is fair. The form will ask you to indicate what percentage of liability you believe is yours, and what percentage belongs to the defendant.
Once you submit the form to the court a day will be set for you to meet with opposing counsel. The meeting may occur in the Judges’ chambers, or somewhere else the Court designates.
These settlement conferences normally are lengthy, sometimes taking up a full day. During the settlement conference the Judge will review the contents of your Settlement Form and that of opposing counsel. After the Judge reviews the information she will ask you both if you have anything to add.
Finally the Judge will express to you how she feels she would rule if the case were to be tried in front of her. Once she tells you and opposing counsel, it would be relatively futile to go to trial. If you do you may not be very happy with the Judge's decision.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
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