The Out of Court Settlement Meeting

I have done a few of these in my short career and sometimes they really do work. I think doing a settlement meeting before the parties run off and spend potentially tens of thousands fighting in Court, is a smart idea. The settlement meeting can narrow the issues, get a deal done or simply allow you to get a good look at what the parties are going to fight about. On the other hand, some cases are really not appropriate for settlement meetings right off the bat, and could be better suited after the parties have gone a "few rounds" in the Courtroom.


What I have learned is that the name of the game is to be prepared.

It is a complicated world this thing we call negotiations. Here are a few tips that I have picked up that may help others:

1. Know the law - this seems like a no brainer but it is important to know the current state of the law on the issues that will be discussed. The older lawyer types can have the edge and try to negotiate us newbies into submission. If you know the law then they can not push you around on the issues (i.e. imputing income, what can and can not be deducted on a Net Family Property Statement etc...)

2. Have your valuations on property to back you up - It is so important to have the documents to back you up in a negotiation. There is nothing worse that sitting across the table and trying to justify your numbers without the proper backup. Do not be caught with the other side having backup and you have nothing to bargain with except a "my client thinks its worth this much". Have your backup.

3. Spousal Support Advisory Guidlines - Another very useful tool to get a number out of the other side or back up your offer. The SSAGs are not accepted everywhere and by every judge, but they go a long way to settling on a number or range.

4. Supportmate Calculations - Again another essential tool to nail down that child support figure. Works well in the straight forward situations, see my last post on the 60/40 split case.

5. Net Family Property Worksheet - The Divorcemate program does up this great document which allows you to compare your NFP numbers to that of your opponent. I like to do a few variations depending on a number of scenarios (e.g. my client keeping the mat home, it being sold, your client keeping it, etc....).

6. Go issue by issue - I like to start with the non-contentious issues and get them tied up and out of the way...then move onto the heavy stuff. This one is easier said than done.

7. Get an agreement on paper that day - There is some controversy with this one. Some counsel do not believe it getting their client tied up on the same day while others say it is essential. If it looks like a deal can be struck, and even an interim one, I say do it...Strike while the iron is hot before the clients get to go off and steam over it.

8. Know when to walk away - Sometimes this can really turn things around if the other side knows that you are willing to walk away. Other times, if the deal is too one-sided then walking away is in the client's best interest. Again a judgment call.

If anyone else has some tips they like to share, I am all ears.