Mandatory settlement conference statement sample 2025

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How Do I Prepare for an MSC? (Meet and Confer, Settlement Brief and Other Supporting Documents) Each party must also prepare a written Settlement Conference Brief and timely file and serve the documents found in the MSC packet on the other party 10 days prior to the hearing.
The settlement conference statement must include necessary information to concisely support issues of: Liability, Damages, A settlement demand and offer, An itemization of damages, both special and general, and. If there was a previous offer.
Oftentimes, clients and their counsel will say, Judge, what do you think is a fair settlement?; and Judge, how do you evaluate the case? Parties can even take a more aggressive approach, urging me to convince the other side why theyre wrong and why they have no case. I put them off in the initial caucus by
Everyone in the case has to file a written statement. It should say how your settlement talks are going. File it at least 5 court days before your Mandatory Settlement Conference. You have to have it served on everyone else in the case.
Identify, gather and produce the most important information early. Settlement negotiations are most effective at the proverbial sweet spot, when each side has the information it believes it needs to make a judgment about settlement but before discovery expenses allow the sunk costs mentality to take hold.
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If your settlement conference calls for formal attire, you should wear a full suit with a jacket and tie. Match your belt to your shoes, and choose a tie with a minimalist pattern rather than a loud or busy tie. Women can wear pantsuits, skirts, and dresses that are longer than knee length.
Use positive, respectful and generous negotiating behavior to engender it in return and make it easier to influence the other side into accepting settlement proposals. Express a desire to meet the needs of the opposition so that they can repay the favor by meeting your needs.

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