A Mandatory Settlement Conference (MSC) in a divorce case is a crucial step that can help resolve issues outside of a courtroom trial. This conference provides an opportunity for both parties, along with their attorneys and a neutral settlement master or judge, to discuss and attempt to settle their differences. The goal is to reach an agreement on outstanding issues like child custody, child support, spousal support, and property division.What is a Mandatory Settlement Conference?
An MSC is a court-ordered meeting where parties involved in a divorce case, their legal representation, and a neutral third party (often a judge or a volunteer settlement master) come together to facilitate settlement discussions. This conference is "mandatory" because the court requires attendance to encourage resolution and avoid the time and expense of a full trial.
During an MSC, the settlement master or judge will help guide the conversation, identify areas of agreement and disagreement, and offer insights on how a court might rule if the case were to go to trial. These conferences can be held in person or via Zoom.
The purpose of an MSC is to resolve disputes outside of court. Often, setting these dates can push people to settle sooner rather than later.Steps to Prepare for a Mandatory Settlement Conference
Thorough preparation is key to a successful MSC. Here are essential steps:
- Gather and Organize Financial Documents: This is critical for issues like child support, spousal support, and property division. You'll need to provide accurate information regarding your income, expenses, assets, and debts. For instance, documents like Income and Expense Declarations and Schedules of Assets and Debts are essential. These documents help determine financial disparities and potential support awards.
- Understand Your Income and Expenses: Be prepared to discuss your current income from all sources. For example, a father's total monthly income from realtor commissions, property management, and youth soccer coaching was calculated to be $10,939.95 per month in one case. You should also be aware of your monthly expenses and how they are being paid.
- Identify and Prioritize Your Goals: Before the MSC, clearly define what you hope to achieve. This includes your desired outcome for child custody, visitation, support, and property division. Consider what you are willing to compromise on to reach a settlement.
- Review Settlement Proposals: If there have been previous settlement offers, review them with your attorney. For example, in one case, a comprehensive settlement proposal included discussions on custody, parenting time, child support, taxes, and property division. Be ready to discuss why certain aspects of a proposal are acceptable or unacceptable.
- Prepare Your Mandatory Settlement Conference Statement: Your attorney will likely prepare a formal statement that outlines your position on the issues. This statement is served on all parties and is not confidential. It needs to be submitted in advance of the conference, typically as a PDF or MS Word document. Failure to submit this statement on time can result in sanctions.
- Be Ready to Discuss Child Custody and Visitation: If you have minor children, discussions will center around parenting time and decision-making. Be prepared to articulate what you believe is in the children's best interest. For example, arguments might involve the father's work schedule and who will be watching the child. Considerations may include step-up plans for overnights or arrangements for extracurricular activities.
- Consider the Implications of Domestic Violence Findings: If domestic violence has been an issue, be aware of how it might impact custody decisions. The court may need to make threshold findings regarding whether domestic violence occurred and assess efforts to overcome any applicable presumptions.
- Understand the Process: Know that you will meet with your attorney, the opposing party and their attorney, and the neutral settlement master or judge. The settlement master will help in attempts to settle the case.
- Be Open to Compromise: The purpose of an MSC is to settle. While you should advocate for your interests, also be prepared to negotiate and make compromises. Often, a well-crafted plan, even if temporary, considers the children's ages, schedules, and parent's work schedules.
By following these steps, you can approach your Mandatory Settlement Conference well-prepared and increase the likelihood of a successful resolution to your divorce case.