A Moderated Settlement Conference is a process that fits under the umbrella of Alternative Dispute Resolution.
Typically, this is an avenue that is used by the parties to settle their case. Most of the time, a Moderated Settlement Conference is ordered by a Judge with the consent of both parties and their respective attorneys when trial is on the horizon. This is simply another effort at resolving the case before all of the contested issues go to trial.
A Moderated Settlement Conference is run by a neutral third party, typically a person who is on the Rule 114 Roster of neutrals. Both parties and their respective attorneys have a say in the choice of the neutral. The neutral’s job is to facilitate an agreement and not to make any binding decisions. Just like Mediation or an Early Neutral Evaluation, this process is supposed to be confidential, voluntary, and designed to assist the parties in resolving disputed issues in their case.
If an agreement is reached, the neutral can assist the parties in either reading the agreement onto the Record, as most of the time, the Moderated Settlement Conference takes place at the Courthouse. If no agreement is reached, the Judge is advised that the parties participated in the Moderated Settlement Conference, but that no agreement was reached, and the process simply moves on to the next phase.
The challenges posed by divorce are best faced with an experienced attorney by your side. A successful Moderated Settlement Conference requires a lawyer who will strive to achieve your goals. At Clausen & Hassan, our lawyers pride themselves on how they serve our clients. Please reach out today for your free consultation—you can call our office at (651) 647-0087 or contact us by email at firstname.lastname@example.org.