Settlement reached if we stip to keep CS at current amount...

[United]

Hello there,


Currently we have 50/50, CA. We had positive medition report with recommendation of physical custody to dad 70/30, legal 50/50. Mom objected to report and trial date was set.  

After interview, mediator is sticking to their report. My husband feels if we offer to keep CS at current rate (based on 50/50) she will settle now as this will give her a way to still "win".  

I think she will settle anyway, due to the looming public exposure of her "issues" at trial.  However the expense of a trial is something we want to avoid.

So,

1.  In your experience, is stipping to keep CS at a higher rate a valid, common tool for pre-trial settlement?

2. Should we wait and offer less now, and wait to toss in CS as big gun closer to trial?

3.  Could this be done with a clause that if mother continues to litigate without real "change of circumstance" the offer is discontinued?

4. And finallly, since we are in the stronger position with regard to the report, should we offer to settle at all, or wait to see if they ask us?

I guess I'm looking for your input on the upside/downside of this plan.

Thank you so much!  

You offer such a valuable resource for all of us!  And I want you to know how much I, and I'm sure ALL of those who frequent SPARC, thank you so much for your advice and wisdom!!  : )

[socrateaser]

>1.  In your experience, is stipping to keep CS at a higher
>rate a valid, common tool for pre-trial settlement?

yes, as long as the custody issue and cs are not tied together.

>
>2. Should we wait and offer less now, and wait to toss in CS
>as big gun closer to trial?

i don't know what you are trying to offer, so i can't comment.


>
>3.  Could this be done with a clause that if mother continues
>to litigate without real "change of circumstance" the offer is
>discontinued?

you need to leave the offer open until the moment you walk into court. settling is ALWAYS preferable.

>
>4. And finallly, since we are in the stronger position with
>regard to the report, should we offer to settle at all, or
>wait to see if they ask us?

there's a big difference between a mediation report and a custody eval. the med report doesn't carry nearly as much weight with the court.

what EXACTLY does the mediator's report say?

[United]

The report carefully documents mom's issues: alcohol (DUI), domestic violence (children have witnessed), many short term boyfriends-(always involving the kids), her depression (on meds).

The final recommendation was physical custody to dad with visitation to mom (70/30) 50/50 legal.  It doesn't go into tons of detail, but it is clear.

At the hearing judge adopted the report temporarily, asked mom to undergo alcohol testing and domestic violence classes before the settlement hearing and granted mom's request for a trial date.

After going through that hearing (which was quite embarrassing for mom) we didn't (and still don't) believe she actually wants to go to trial, but stranger things have happened.  

[socrateaser]

Based on your facts, I'd say that you should offer nothing more than what you want, because you will probably get whatever you ask for.