Divorce Settlement Conferences in Oregon
It is very common in Oregon divorce cases for the parties to explore settlement options. Most dissolution cases do not require a trial, and the overwhelming majority of Oregon divorce cases do not actually proceed to trial. The parties settle at some point prior. Settlement conferences are an excellent way for the parties to attempt to resolve their differences and come to an agreement.
What is a Divorce Settlement Conference in Oregon?
The phrase “settlement conference” is going to mean different things in different Oregon counties. It will even mean different things to lawyers within a given county. The reason for this is that the phrase “settlement conference” describes a process and not always a rigid or defined event. Some Oregon counties automatically schedule settlement conferences in divorce cases. Others make them available upon request (e.g. by filing a motion). Other counties do not offer them officially through the court system, but they can be arranged privately with retired judges, for a fee.
What is the difference between mediation and a settlement conference?
In divorce cases, mediation is often through a court-appointed mediator, or a staff member of the court system who provides mediation services. Sometimes, parties will hire a retired judge or a neutral family law attorney to provide mediation services. Court-ordered or court-provided mediation typically does not involve lawyers or even a judge. The parties appear before the mediator, and settlement discussions are rather informal unless and until a settlement is reached. At that point, the agreement of the parties might be put in writing.
A settlement conference is a bit more structured, and typically involves both of the parties, their attorneys, and a sitting or retired judge. In mediation, the parties might talk in generalities, but in a settlement conference, the parties, their attorneys, and the judge are often much more specific about settlement terms. Also, mediators often focus on child custody and parenting time issues. But judges in settlement conferences might delve much more deeply into financial matters such as debts and asset allocation.
How Do I Prepare For A Settlement Conference?
Your attorney can help you prepare for a divorce settlement conference. Typically, the preparation for a settlement conference is very similar to preparing for trial, but less intense, and less detailed. For example, the rules of evidence do not apply in divorce settlement conferences, there is no sworn testimony from the parties or witnesses, and there are no opening statements or closing arguments. While it’s still a very professional process, it’s much less formal than trial, and more similar to face-to-face negotiations.
Do I have to agree on a divorce settlement during the conference?
No. But if you take unreasonable positions or refuse to participate in the process in good faith, attorneys fees could be awarded later.
What if the settlement conference doesn’t result in a divorce settlement?
If no settlement is reached, the parties can then proceed to trial. However, offers disclosed during settlement efforts in Oregon are not typically admissible in trial.
What if we reach an agreement during the settlement conference?
The judges who provide services in settlement conferences all have their own ways of doing things, and there is no single preferred way to memorize a settlement. Some judges will rely upon written notes, some judges will make an audio recording, and other judges may video record the settlement terms with the parties acknowledging the terms. Two common themes are: (1) the parties must make it clear that there’s a set list of terms they’ve agreed upon, and (2) the parties must agree and confirm that they understand that they cannot change their mind after the settlement conference. This is all because it may take days or even weeks for one or both of the attorneys to draft a stipulated general judgment, circulate it around for edits, and then prepare it for execution (signatures) by the parties, and then submission to the Court.
