2015-07-21
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After filing the complaint and answer and after all discovery is completed, the case is at issue and ready for trial. Any attorney can file a notice for trial or note of issue, asking the judge to schedule a trial date. Do this early. Due to court backlogs, it can take months -- or more -- to get a trial date.
Before trial, the judge will want the parties to try one last time to settle all disputed matters by attending a pre-trial conference or court-ordered mediation to discuss the issues. If nothing else, it narrows down the issues for trial. Conferences of this type are an excellent way to explore alternate solutions for settlement. The pre-trial conference judge or mediator reminds each spouse that proceeding with trial will give neither one everything he or she wants. Winning is not the goal, but rather arriving at a fair settlement that will give each spouse something. It is better for parties to settle than allow a dispassionate judge to rule on so many personal matters.
At a pre-trial conference, the parties have an informal opportunity to see how the judge is reacting to various issues in the case. It is a chance to see whether the judge's view is accurate or misplaced. Use these pre-trial settlement discussions to determine whether proposed settlements are better than what the court is likely to order if the case goes to trial. Those in the legal system view this opportunity as the sweet spot -- a time about sixty days before a scheduled trial date when a case is most likely to settle.
