In rare cases, parties will argue that they became separate while remaining under the same roof. In that case, their argument if successful will primarily emphasize a separation in their financial arrangements and their household expenses rather than anything about how they felt about each other. With or without a court s order to do so, parties and counsel or just counsel may sit down together to discuss settlement in person. Ideally, the need to prepare for the conference helps the parties and counsel get organized and put their cases into shape where settlement is possible. It is extremely wise for a client and attorney to meet in person two or three days prior to the settlement conference to sharpen their own views of what is really possible in terms of settlement and if the case went to trial.
Settlement is often in itself a victory.
A party who takes ridiculous positions they could not win at trial and fails to settle simply transfers assets needlessly to the two attorneys. Plus, failing to settle spends each client s heart s blood, disturbs their sleep, and disturbs their other personal relationships. Like war, prolonged litigation should be reserved for cases of necessity. The rare client who tries to dominate the conversation invariably harms their own case significantly. Attorneys are not merely better trained than clients to evaluate legal positions.