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Buachaill, Barrister
Category: Law
Satisfied Customers: 10953
Experience:  Barrister 17 years experience
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Good Morning, if I may I would like to ask my question

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Good Morning, if I may I would like to ask my question to Mr Buachaill.
Sir, further to your response to my question on 23/10/15 I duly sent my response to my ex partners claim and I have now heard from the court. I have a date in March to attend court to have an hour with my ex and his solicitor in which we must "..use our best endeavors to reach a settlement by negotiation ". After this we have an hour allocated with the District judge who will hear what attempts we have made to settle the case.
I take this to mean that we have to argue as to why I should accept less than my due.I do not feel that I should accept less. My question really is what happens if we do not reach a settlement?
I think that maybe the judge will decide and if so, what would he base his figure on? Sorry, that appears to have developed into two questions!
Thank you, Regards, ***** *****
1. Dear Phaedra, the first thing you need to realise is that there will be no one forcing you to accept any settlement offer proposed. You remain free to do what you want at all times. So, stand your ground and seek what you are entitled to. These preliminary negotiations are simply designed to ensure best use of court time. So the courts would prefer if a settlement could be reached as that then frees up judicial time for other cases. So, don't see it as a court imposed solution. If you are not happy, go ahead and litigate. the court will not impose a negotiated settlement at this stage. That will only come after the court hears all the evidence and adjudicates upon the issues.
2. So, to answer your first question, if you don't reach a settlement, then the case goes back into the list of cases in order to get a date for hearing. That will happen some time in the future. Not during the settlement negotiations. Secondly, it will only be after hearing the evidence that the judge will decide the case. That will be some time in the future. The settlement negotiations will only be based upon what each party offers. Nothing else The judge has only a supervisory role at this stage.
3. Please Rate the Answer, Phaedra, as unless you Rate the answer your Expert receives no payment for answering your Question.
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