If you are going through a separation or divorce in Orange County, you may be required to attend a mandatory settlement conference as part of this process. These conferences are intended to provide divorcing spouses with the opportunity to settle some or all of the issues without the need for lengthy court proceedings.
If you believe that a settlement conference would be beneficial in your divorce, or you have questions about what the process entails, contact Sarieh Family Law.
Understanding Mandatory Settlement Conferences
Any civil case in California is eligible for a settlement conference, including divorce cases. Conferences are especially appropriate when one party requests it or when one or both parties are not represented by an attorney. However, these are not requirements for a conference to be held.
In California, the court can set mandatory settlement conferences on its own or at the request of either spouse. The spouses and their attorneys must personally attend the conference unless they have been excused by the court. Prior to the conference, the spouses or their attorneys must complete a mandatory settlement conference statement that includes the facts of the case, any arguments being made, and the proposed resolution to the issues. These statements are provided to the opposing party and the judge but not filed with the court.
A magistrate judge is often appointed to preside over the conference and may be involved in helping the parties negotiate their terms. These judges may also use various techniques to facilitate communication between spouses, help explore what barriers are preventing a resolution, and express views about the case. The level of involvement of the judge will vary depending on the details of the case, but the judge cannot impose a settlement or try to persuade either spouse to agree to any terms. Each magistrate judge often has specific requirements for conferences they preside over, but the ultimate goal of any of California’s mandatory settlement conferences is for the spouses to agree to a binding settlement.
Regardless of what the exact settlement conference process looks like for you, your divorce attorney will be there to provide guidance and advocate for your interests.
Can Spouses Still Go to Court After a Mandatory Settlement Conference?
If you and your spouse cannot reach an agreement at the settlement conference, you are able to go to court and have the judge rule on the issues that are still in dispute. The judge who presides over the settlement conference is not usually the same judge who presides over the divorce hearings. If, for whatever reason, you and your spouse want the trial judge to conduct the settlement conference, you would need to request that in writing and get the judge’s approval.
Attending a mandatory settlement conference does not prevent you from performing discovery, going to trial, or completing any other part of your divorce process. It is merely an extra step offered as an alternative to litigation since trials can be stressful and time-consuming.
Is an Attorney Required for a Mandatory Settlement Conference?
You are not required to have an attorney in order to request or attend a settlement conference. However, spouses can benefit tremendously from having an attorney represent them during the conference. Divorce attorneys provide valuable negotiation skills, an understanding of relevant laws, and a strong legal strategy. Settlement conferences can be uncomfortable if any animosity exists between spouses, and your attorney can handle all communication and provide support throughout the process.
If you have an upcoming settlement conference or want to discuss the possibility of requesting a conference as part of your divorce, contact Sarieh Family Law to schedule a free consultation with our Certified Family Law Specialist.
