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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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What is a memorandum of settlement The defendants lawyer

Customer Question

What is a memorandum of settlement? The defendant's lawyer just filed one today and I have not talked to him at all except two years ago when we conferred on ADR.
Submitted: 8 years ago.
Category: Real Estate Law
Expert:  Curtis Staropoli, Esq. replied 8 years ago.

I assume that you are involved in an ongoing lawsuit, and that you are representing yourself?


My best estimation from what you have told us here is that you have an actual ADR date or mandatory settlement conference coming up soon, which means that the Settlement Memorandum was probably filed by defense counsel in connection with this upcoming ADR or conference.


Usually both parties are asked to file such a memorandum prior to the ADR or conference (usually at least a week prior), the purpose of which is to give the mediator/arbitrator/judge an outline of the parties' positions on the case and on settlement. Most of the time these memos are filed in confidence such that the other party is not copied on the memo.


If you are able to provide more information, I may be able to guve you a better take on what may be occurring procedurally.