If no agreement is reached at a settlement conference, a date for trial will be set by the Court. If no settlement conference is held, a trial date will be set by the Court.

Mediations customarily result in a written agreement. The parties may write the agreement up themselves or they may ask the mediator to assist. Any written document will be read and discussed by all parties to assure agreement before signature.

If, at any time in the proceedings a settlement is reached by the parties, the person who filed suit must notify the Clerk's Office in writing of the settlement.

If the parties cannot reach an agreement, the parties can explore other options for settlement such as mediation, arbitration, private judging and neutral case evaluation, some of which may allow them to stay within the collaborative framework. If court hearings are required, the Collaborative Attorneys withdraw and each party retains a new attorney for trial. The Collaborative Attorney will transfer the information gathered and will assist the trial attorney in the transition.

If the parties cannot reach settlement with the help of their collaborative lawyers, there may be an exploration of whether they may want to try an alternative way to resolve their matter, for example, mediation, neutral experts, or arbitration. If not, then their collaborative lawyers would withdraw and the parties would proceed to obtain attorneys to prepare the matter for trial.

A mediated settlement conference is an informal legal proceeding. During the conference, a neutral "mediator" will help the parties and their attorneys discuss their dispute and search for mutually agreeable solutions. You can think of your mediator as a combination facilitator and referee. To begin the conference, the mediator will explain the rules for your discussions and will probably ask the attorneys to describe the case from their respective points of view.

Attorneys are typically trained to approach cases with the underlying assumption that a judge will make the ultimate decision. Cases are analyzed with this foundation and are settled with the backdrop being "what will happen if we go to court." "Going to court" can often become a weapon or threat that derails communication rather than moving the parties to settlement.

If, at any time in the proceedings a settlement is reached between the parties, the plaintiff(s) [person(s) who filed suit] must notify the Clerk, in writing, of the settlement.

The spouses and collaborative family law lawyers are bound by a written pledge not to go to Court. If agreement can’t be reached, collaborative family law lawyers may suggest bringing in mediators to facilitate a settlement. However, if one or both parties wish to litigate, both collaborative family law lawyers are legally obligated to withdraw from the process and can no longer represent their clients.

Until e-filing becomes mandatory, case participants may file a paper declaration of readiness to proceed (DOR). EAMS then selects the conference date and judge automatically. When e-filing becomes available, a case participant will be able to use the e-form DOR over the Internet and will have a choice of seven dates. If those are not acceptable, another three dates within pre-determined time frames will be offered.

A Settlement Conference is a type of dispute resolution conducted by an Administrative Law Judge other than the presiding Administrative Law Judge, who acts to encourage and facilitate a resolution to the case. There is no cost to the parties involved in a settlement conference. See, North Carolina Administrative Code, Title 26, Rule 03.0107.

The next step is for one of the parties' lawyers to draft legal documents to convert their informal agreements into legally binding ones. In a divorce case, this means drafting a divorce agreement that is then submitted to the Court for approval. Collaborative Law Practice lawyers can accompany their clients to an uncontested divorce hearing and assist with the finalization of the matter.

Mediation does not remove your rights to go to trial. If no agreement is reached you can still proceed through the regular court procedure or you might choose to arbitrate your case.

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After settlement, the buyers and sellers job is over. However, Pennsylvania Land Transfer Co. has a lot more work to do including: We hope we have answered any questions you may have. If we missed something or you require additional information, please don't hesitate to contact us.