A “four way” settlement conference in an Illinois divorce case involves the two spouses and their respective attorneys. If you are divorcing or planning to do so, and you and your spouse prefer to avoid a trial, a four-way conference is one possible way to resolve many commonly disputed matters. Here are some things to consider when deciding if a four-way settlement conference is appropriate in your case.
First, the potential advantages.
Cost Savings - Most Illinois family lawyers charge hourly fees for cases that go to trial. Multiply that rate by several eight to ten hour days preparing for and trying a typical divorce case and it’s easy to see how family law litigation can quickly become expensive.
Time Savings - Court schedules are busy, especially in Chicago and other urban areas. Unlike criminal defendants, parties to a divorce case are not guaranteed a speedy trial. Even if you’re both inclined to settle, traditional settlement discussions between attorneys and their respective clients, can consume weeks or even months. In a four-way conference, all necessary parties are in the same place, allowing proposals and counterproposals to be exchanged and considered on the spot.
Reduction of Stress - Even the most civilized uncontested divorce is an emotionally difficult process and contested cases are obviously those much more stressful. In a case that goes to trial, the added element of uncertainty as to the outcome can make the experience downright traumatic. By resolving disputed issues, a four-way conference can reduce the acrimony and uncertainty that necessarily comes with a court trial.
A four-way conference needn’t result in a total settlement to be successful. If some disagreements can be resolved, your case probably will be heard any sooner, but there’s a good chance you’ll wind up saving time and money once you do get to trial.
Keys to a Successful Outcome
There are no set rules or structure, and the most important consideration should always be the needs and wishes of the parties. Thus, while most conferences take place in the office of one of the lawyers, a “neutral” location ( a local mediation center, for example) can be used, provided the setting ensures privacy and confidentiality. Choosing an environment that’s physically and emotionally calm and comfortable is also important.
While all four participants meet simultaneously, if emotions are high it may be preferable for each party and lawyer to have a separate room.
Naturally, there’s no guarantee that any conference will succeed, but preparation can help foster a good outcome. The most common reason for failure is that one or both parties don’t have complete financial or property information, particularly if division of property, child support or spousal maintenance (alimony) are in depute. Scheduling a conference only after the parties have made full and complete disclosure of financial and property information will reduce the chance of winding up at an impasse.
Ideally, the agenda for a four-way conference will consist of filling in the details of a broad outline negotiated in advance. If at all possible, major disputes should be hashed out prior to the conference. At a minimum, however, both parties and their attorneys should go into the conference understanding the disputed issues and their respective spouses’ positions regarding each.
Conclusion
Provided there has been full and mutual disclosure of assets and liabilities, a well-planned settlement conference can be an effective way for motivated spouses to resolve disputed domestic relations issues.
First, the potential advantages.
Cost Savings - Most Illinois family lawyers charge hourly fees for cases that go to trial. Multiply that rate by several eight to ten hour days preparing for and trying a typical divorce case and it’s easy to see how family law litigation can quickly become expensive.
Time Savings - Court schedules are busy, especially in Chicago and other urban areas. Unlike criminal defendants, parties to a divorce case are not guaranteed a speedy trial. Even if you’re both inclined to settle, traditional settlement discussions between attorneys and their respective clients, can consume weeks or even months. In a four-way conference, all necessary parties are in the same place, allowing proposals and counterproposals to be exchanged and considered on the spot.
Reduction of Stress - Even the most civilized uncontested divorce is an emotionally difficult process and contested cases are obviously those much more stressful. In a case that goes to trial, the added element of uncertainty as to the outcome can make the experience downright traumatic. By resolving disputed issues, a four-way conference can reduce the acrimony and uncertainty that necessarily comes with a court trial.
A four-way conference needn’t result in a total settlement to be successful. If some disagreements can be resolved, your case probably will be heard any sooner, but there’s a good chance you’ll wind up saving time and money once you do get to trial.
Keys to a Successful Outcome
There are no set rules or structure, and the most important consideration should always be the needs and wishes of the parties. Thus, while most conferences take place in the office of one of the lawyers, a “neutral” location ( a local mediation center, for example) can be used, provided the setting ensures privacy and confidentiality. Choosing an environment that’s physically and emotionally calm and comfortable is also important.
While all four participants meet simultaneously, if emotions are high it may be preferable for each party and lawyer to have a separate room.
Naturally, there’s no guarantee that any conference will succeed, but preparation can help foster a good outcome. The most common reason for failure is that one or both parties don’t have complete financial or property information, particularly if division of property, child support or spousal maintenance (alimony) are in depute. Scheduling a conference only after the parties have made full and complete disclosure of financial and property information will reduce the chance of winding up at an impasse.
Ideally, the agenda for a four-way conference will consist of filling in the details of a broad outline negotiated in advance. If at all possible, major disputes should be hashed out prior to the conference. At a minimum, however, both parties and their attorneys should go into the conference understanding the disputed issues and their respective spouses’ positions regarding each.
Conclusion
Provided there has been full and mutual disclosure of assets and liabilities, a well-planned settlement conference can be an effective way for motivated spouses to resolve disputed domestic relations issues.
Hi there! this is such an informative post. Thank you for sharing. Cheers!
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