FLM 127 – Settlement Judge

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Hi everyone, I’m Dr. Michael Mantell with another Family Law Matters. I’m with Bonnie Rabinovitch Mantel, who is the owner and managing partner of the Primus Family Law Group. Hi, Bonnie.

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Hi, Michael. How are you doing today? I’m doing fine, Your Honor. Oh, did I just say Your Honor? Oh, my goodness.

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Now, that is a trusted title, isn’t it? It is, and that’s not what people call me. No, I know that. That’s what I call you.

But last week, we talked about mistrust in couples who are breaking up and are spying on each other. And the week before, we were talking a little bit about what right and reasonable is. You do carry with you a certain level of additional trust, I guess I’d call it, in your role as a settlement judge in the courts here in San Diego.

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Many clients who are looking for attorneys don’t even understand what a settlement judge is and the additional responsibilities and roles that a settlement judge carries. Can you talk a little bit about that and tell us what that means? Sure, Michael. So, in California family law, the overarching belief is that these cases should not be going to a trial.

I mean, their kids, their families, they should not be going to a trial. So, there are several steps along the way that allow you to resolve your issues before you have to go to a trial. And people are like, well, what’s so bad about a trial? You get a judge that has very little time to absorb your case, and he’s not or she is not going to get to know you and your family.

That judge has to make decisions by the clinical way of the law. And people often think they know what the judge is going to decide, because it sounds right or it looks reasonable, but that’s often not the case. The law is neutral and it’s going to cut swiftly on both sides.

So, in California, the process is that when you get to a point and you can’t resolve the remaining issues, before they will allow you to go to a trial, they will ask that you go to what is called a mandatory settlement conference. And that’s where I come in. That’s where a bunch of us attorneys who’ve taken extra courses and learned a little bit more about how the system works are appointed to act and volunteer their time to try to help people resolve their case.

One last ditch effort, like I tell these folks often, to resolve your case on terms you’re willing to agree to before you spend a metric crap ton of money on a trial where a judge makes the decision. And that’s verbatim what I say. I imagine, I’m sure that is, and you’re cleaning it up for this, but I do imagine though that you probably bring that knowledge to every case you have, whether the client is even aware of you having that knowledge and bringing it.

So, what you’re saying is, you try and bring, to go back to what we talked about several weeks ago, a right and reasonable approach to every case to resolve it in the healthiest way as early and soon as possible. Correct. And with this process, they get to sit with somebody who’s neutral, their attorneys or themselves alone are coming to a neutral to say, hey, if you go to trial, here’s how this is going to cut.

So, maybe we talk about it today and don’t spend, especially Michael, as you know, our systems are backed up. So, your trial is a year, 14, 15 months later. That’s a lot of time and trauma and emotional upheaval, not to mention financial.

And I suspect that while most people may recognize that if you are their attorney, you cannot be their settlement judge, right? Correct. If people do have questions about this and they want to be in touch, tell us how they can reach you for a free consultation. They can reach me directly at 619-574-8000 and they will be put on my calendar for that consultation.

Or you can reach me at my website at www.primusfamilylaw.com.