MODERATED SETTLEMENT CONFERENCES
What is a Moderated Settlement Conference (MSC)?
A moderated settlement conference (MSC) is another form of alternative dispute resolution which brings together the parties and their attorneys before an experienced attorney in a courthouse session. During the conference, the issues and the supporting evidence are reviewed; the moderator does not have decision making power but uses knowledge and persuasion to move the parties to agreement.
What is the Value of a MSC?
Every attorney prepares their case based upon the strength of their position supported by evidence. Taking a case to trial is an expensive and time consuming process. Taking a case to trial takes the outcome out of the hands of the parties who are the true stakeholders. A MSC with an experiences attorney is an attempt to resolve the issues outside the courtroom.
What does the moderator due in a MSC?
The moderator is chosen for expertise and thoroughness. A moderator is given all of the pleadings before the MSC and a statement of the issues from the attorneys or parties if they are pro se. The session is controlled by the moderator who elicits additional information, talks with the parties, assessed the strengths and weaknesses of the case, and moves the parties toward settlement by providing feedback. If settlement is reached, the parties move into the courtroom and put the agreement on the record.
The session usually lasts 3-4 hours but can be shorter or longer depending upon the issues.
The session usually lasts 3-4 hours but can be shorter or longer depending upon the issues.
What is the Cost of the Session?
The cost of the MSC is set by the moderator and is paid on an hourly basis, including the review of the materials prior to the session and a conference call with the parties (if pro se) or their attorneys prior to the conference.
Sarah Martin Arendt has participated in MSC as the moderator and participant. In keeping with her desire to make alternative dispute resolution available to a wide range of economic realities, the cost per hour is based upon the gross income of both parties. See Cost of Services in the menu bar for more information.
Sarah Martin Arendt has participated in MSC as the moderator and participant. In keeping with her desire to make alternative dispute resolution available to a wide range of economic realities, the cost per hour is based upon the gross income of both parties. See Cost of Services in the menu bar for more information.