What is the difference between a settlement conference and a motion for summary judgment?
A settlement conference and a motion for summary judgment are two different legal proceedings available in Kansas civil procedure. A settlement conference is a type of alternative dispute resolution (ADR) in which both parties and their attorneys meet with a mediator to work out a settlement and avoid having to go to trial. Both parties will present their arguments and, if possible, negotiate a settlement agreement. The conference is confidential, and any agreement reached is typically binding on both parties. A motion for summary judgment, on the other hand, is a motion made by either party in the case before it goes to trial. It asks the court to decide the case based upon the facts as presented by both parties without a trial. During a motion for summary judgment, both parties will submit evidence and the court will determine whether there is a genuine dispute of material fact. If there is not, the court will enter judgment for either party without a trial. In summary, a settlement conference is an ADR procedure in which both parties can attempt to settle their dispute without going to trial, while a motion for summary judgment is a motion in which one party can request the court to make a determination without a trial.
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