Articles

What To Do If You Are Assigned To Attend An Early Settlement Panel

By Rebecca K. Li

First of all, be assured that an attendance at Early Settlement Panel is a routine part of the divorce process and an opportunity to attempt to settle your case or, at the very least, narrow the issues which are in dispute. Your attorney will prepare you for their Panel and explore all options of settlement prior to the Panel.

While attendance at the Early Settlement Panel is mandatory, the recommendations of the Panel are not binding upon the parties. Y9ou are free to accept or reject any or all of the Panelists. Additionally, the panelist may point out the strengths and/or weaknesses in the parties positions recommendations. The purpose of the Panel is to provide the parties with a recommendation for the settlement. The Panelists base their recommendation upon what they think a family court Judge would decide based on a similar set of facts. Even if a settlement is not reached based on the recommendation of the Panel, attendance at a Panel can highlight which issues are still in dispute and which issuers are settled. This will allow the parties to focus on the issues in dispute. This process can be very helpful in reaching a settlement.

Prior to your attendance at the Panel, your attorney will prepare an Early Settlement Panel Statement, which sets forth your position for the panel. This statement will be reviewed by the Panelists prior to your Statement, which sets forth your position for the Panel. The early Settlement Panel is composed of two experienced matrimonial attorneys who volunteer their time. Your attorney and your spouse's attorney will present the case to the Panel. If the panel members have any questions based on either the Early Settlement Panel Statement or the attorneys' presentation, they will address them to either you or your attorney. In most cases the Panelist will allow you to address them directly if you have any concerns or would like to clarify an issue. If there is a Domestic Violence Restraining Order in effect in your case, your attorney can request that he parties be heard separately.

After all presentation have been made, the Panelists will ask both attorneys and parties to leave the room so they can go over the case. After reviewing the case, the Panelists will make recommendation based on their experience of what a judge would decide. The panel will make a recommendation on the issues of equitable distribution, alimony and child support. However, the Panel will not make recommendations on the issues of parenting time or child custody. Therefore, if custody is an issue in your case, it is helpful if the Early Settlement Panel is scheduled after custody is determined.

If both parties accept the recommendation of the Panel, the case will be considered settled. At that time, the parties can be immediately divorced by placing this settlement on the record before a judge. If the parties and attorneys prefer, a Property Settlement Agreement can be drafted containing all the provisions of settlement and the parties can return to Court at a later date to put through an uncontested divorce.

If either one or both parties are unhappy with the Panel recommendations, further settlement negotiations can continue after the Panel, or the parties can have a conference with a Judge to obtain further guidance or to request a Case Management Order. If the panel or the attorneys need additional information to settle the case such as pension evaluations or additional financial information, the Case Management Order will spell out the specific information needed and give deadlines for providing this information.

The Early Settlement Panel can be very important step in the process of finalizing your divorce. It is helpful to approach this process objectively and realistically. Be sure to direct any concerns or questions to your attorney.

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