Moderated Settlement Conference
A Moderated Settlement Conference (MSC) is one last opportunity for parties to meet with a neutral third party to attempt settlement prior to engaging in a contested trial. MSCs are an option at the pre-trial stage of a case, usually after the parties have already engaged in discovery, early neutral evaluations (ENEs), private mediation or other forms of dispute resolution – without success. The pre-trial stage involves preparation for trial and includes one, or more, pre-trial hearings. The magic of an MSC is that it is held on the same date and time as a pre-trial hearing, many times onsite at the courthouse, or virtually on Zoom, if the pre-trial hearing is held virtually.
The moderator seeks to facilitate a discussion between the parties, similar to traditional mediation, except that at an MSC, the moderator has the opportunity to meet with the judicial officer hearing the matter to determine how the court would rule on the remaining issues as a powerful way to provide evaluative feedback to the parties in the hopes that it propels settlements to avoid the stress, time and cost of trial. If the parties reach partial or full agreements, the court is often available to put the agreement on the record that same date, or alternatively, the parties and/or involved attorneys have the option to submit a binding agreement to incorporate into an order at a later date.
Our Cambio mediators are experienced moderators and willing to put in the time at an MSC to try to save you the time and trouble of trial!
A Moderated Settlement Conference (MSC) can be helpful in a divorce or custody/parenting time matter when:
Parties Want to Avoid Trial
If both parties prefer to settle rather than go through a lengthy and costly court battle, an MSC can facilitate resolution.
Impasse in Negotiations
If settlement negotiations, ENE or mediation have stalled, but both parties are still open to settlement, a neutral moderator can help break the deadlock.
Need for Expert Guidance
A moderator, often an experienced attorney or retired judge, can provide legal insight into what a judge might decide, which can encourage reasonable compromises.
Complex Financial or Custody Issues
When a case involves intricate financial matters, business valuations, or contested custody arrangements, an MSC can help clarify issues and propose workable solutions.
High-Conflict Cases
If emotions are running high, a structured settlement process with a neutral third party can keep discussions productive.
Judicial Encouragement
Some courts recommend or require an MSC before trial, particularly if a judge wants to encourage settlement.
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Contact us today to discuss timelines and rates. We also provide services in Spanish and will work with interpreters to accommodate other language preferences.