One of the biggest secrets about divorce is that the vast majority of divorce cases never go to trial. Unlike what’s depicted in movies and on television, most couples getting divorced go through a settlement process that is negotiated by each party’s attorneys. As part of the settlement process, you and your ex may opt for (or be required to participate in) something called a divorce settlement conference.
A divorce settlement conference is a fancy name for getting you, your ex, and your respective attorneys in the same room and negotiating the terms of your divorce. The ultimate goal is to reach a final settlement agreement that can be taken to a judge.
If an agreement can is reached, you and your spouse will not need to go to trial. This will save both of you considerable time, money, and frustration. The other benefit is that reaching an agreement without going to trial means it won’t be up to a judge to decide things like division of property, child custody, and spousal support.
When you arrive for your divorce settlement conference, it will be you, your attorney, your ex-spouse, his or her attorney, and a supervisor or mediator of some kind. The role of the supervisor or mediator is to provide some formal structure to the conference and be a neutral third party who can attempt to resolve disputes.
The mediator or supervisor will typically be an active or retired judge, professional mediator, or attorney. If you and your spouse voluntarily decide to have a divorce settlement conference, it can be unsupervised if you both agree to it.
Keep in mind that not all divorces are resolved after only one settlement conference. Many divorce cases go through several conferences over the span of weeks, months, and occasionally, years before a final agreement is reached.