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 of the most common civil procedure steps taken in Massachusetts. A settlement conference is a formal meeting between the parties involved in a civil lawsuit. The purpose of the settlement conference is to reach a mutually acceptable agreement out of court, without the need to go to trial. Generally, both parties present their positions, and try to come to an agreement. If no agreement can be reached, then the lawsuit proceeds to trial. A motion for summary judgment, on the other hand, is a request that the court decide the lawsuit without a trial. The requesting party must provide evidence, such as documents or affidavits, which demonstrate that there are no factual disputes between the parties which would require a trial to resolve. If the court grants the motion, the dispute is resolved without a trial. However, the court can also deny the motion, in which case the parties must proceed to trial in order to resolve their dispute.
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