Facilitated Settlement Conferences
A Facilitated Settlement Conference is a structured negotiation process that aims to resolve disputes before they escalate to formal litigation. This method involves the participation of a neutral third party, known as a facilitator, who helps the disputing parties communicate effectively, identify key issues, and explore potential solutions.
The facilitator does not make decisions for the parties but rather guides the discussion, ensuring that each party has an opportunity to express their concerns and interests. This process is commonly used in various areas of law, including family law, personal injury, and business disputes.
During a Facilitated Settlement Conference, the parties may present their viewpoints, evidence, and proposals for resolution. The facilitator may also engage in private sessions, or "caucuses," with each party to explore their positions in a confidential setting. The goal is to foster understanding and collaboration, ultimately leading to a mutually acceptable agreement.
An example of a Facilitated Settlement Conference might occur in a divorce case where both parties seek to negotiate terms related to asset division and child custody. Rather than proceeding to a potentially lengthy and contentious court trial, they may opt for a facilitated conference to reach an amicable settlement that considers the best interests of their children.
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