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Settling Matrimonial Cases

By Lynne Strober, Gerard Giannetti and Michael K. Diamond
September 02, 2014

Almost every matrimonial case gets settled ' more than 99%. In addition to figuring out how to resolve each case, attention must be paid to settling the case in a way that is most favorable to your client. However, remember that one of the trademarks of a good settlement is that both parties are relatively equal in their reaction to it.

The Lawyer's Perspective

From Lynne Strober: Every case is different and it is important to know who the players are. There are five key questions to ask before the meeting (the top five hit list):

  1. What can you expect from your adversary?
  2. What can you do to help make progress at a meeting?
  3. How will your client behave?
  4. What will make your client comfortable?
  5. What does your client want from the meeting?
  6. Pre-Settlement Preparation

Do not go into a settlement conference intending to walk away with all the marbles, because you will make the session unproductive. There must be a realistic resolution with each party receiving some favorable points.

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