Subject: New Jersey Position Sample Letter from Law Firm to Opposing Counsel — Request for Settlement Negotiations Dear [Opposing Counsel's Name], RE: [Case Name/Number] We hope this letter finds you in the best of health and spirits. Our law firm, [Law Firm Name], represents our client, [Client's Name], in the above-mentioned matter pending before [New Jersey State/ Federal] Court. We are writing to you to discuss the possibility of initiating settlement negotiations in order to resolve this matter amicably and efficiently, without the need for protracted litigation. [Law Firm Name] acknowledges the commitment towards justice and fair representation that both parties share. As we move forward, we believe it is in our clients' best interests to explore alternative dispute resolution methods, with a view to possibly avoid the time, expense, and uncertainties associated with courtroom proceedings. Our client has instructed us to extend an offer towards settlement and resolution of this case. Although our positions may differ, we firmly believe that a mutually beneficial resolution can be achieved through constructive discussion, negotiation, and compromise. It is crucial for both parties to engage in a transparent dialogue that promotes understanding, clarifies intentions, and seeks common ground. To initiate settlement discussions, we propose a preliminary meeting at a mutually convenient time and place. This meeting will provide an opportunity for both parties to exchange their respective positions, consider potential compromises, and explore creative solutions. We believe that open communication in a controlled and respectful environment will establish a solid foundation for fruitful negotiations. Should you consent to this proposal, we suggest that each party provide a brief written statement outlining their position, supported by any pertinent evidence or statutes. By doing so, we can ensure the forthcoming meeting is both productive and well-prepared. Additionally, it would be helpful to receive copies of any documentation that you believe could assist in reaching a resolution. Please inform us of your availability and preferred method of communication for this meeting within [insert timeframe, e.g. 14 days] from the receipt of this letter. We encourage you to consult with your client regarding their level of interest in engaging in settlement negotiations and any specific concerns they may have. Confidentiality will be paramount in this process, and we assure you that all communications related to settlement negotiations will be conducted in good faith and with the utmost discretion. Any discussions or proposals made during these negotiations shall not be admissible in court proceedings, as per applicable law. We genuinely hope that, through this effort, we can reach a fair and just resolution that serves as the most favorable outcome for both our clients. We firmly believe that by collaborating to find common ground, we can reduce unnecessary expenses, alleviate burdens on the court system, and most importantly, spare our clients further emotional distress. Thank you for your attention to this matter. We look forward to your prompt response and the opportunity to meet and discuss the possibility of settlement. Yours sincerely, [Your Name] [Your Law Firm Name] [Contact Information: Address, Phone Number, Email]
New Jersey Position Sample Letter from Law Firm to Opposing Counsel
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FAQ
Stated differently, to successfully defend against summary judgment the non-moving party (you) should seek to demonstrate that indeed there are material facts in dispute. Alternatively, the non-moving party (you) can argue that the undisputed facts support a judgment as a matter of law in your favor.
A judgment can be fully satisfied by paying the judgment creditor (the person who has the judgment against you) in full and receiving from the creditor a Warrant of Satisfaction. The Warrant of Satisfaction must be filed as set forth above.
Get a Fair Hearing in Court Show that the motion fails to list the specific facts and law supporting summary judgment. ... Show that a dispute exists on a material fact. ... Show that the law does not support judgment on the undisputed facts.
Try to Be Cooperative To that end, create an accommodating tone at the beginning of your dealings with the other attorney. If you set that tone, you may see a measure of reciprocal, even pleasant behavior.
A party opposing a motion for summary judgment must file a written responding statement admitting or disputing each of the facts in the moving party's statement. N.J.R. -2 (a) (amended eff 9/1/22); N.J.R. -2 (b) (amended eff 9/1/16).
Dear [Opposing Counsel Name], I am writing to follow up on our recent communication regarding [case name].
8 Tips for Dealing with Difficult Opposing Counsel Point out Common Ground. ... Don't be Afraid to Ask Why. ... Separate the Person from the Problem. ... Focus on your Interests. ... Don't Fall for your Assumptions. ... Take a Calculated Approach. ... Control the Conversation by Reframing. ... Pick up the Phone.
A party opposing a motion for summary judgment must file a written responding statement admitting or disputing each of the facts in the moving party's statement. N.J.R. -2 (a) (amended eff 9/1/22); N.J.R. -2 (b) (amended eff 9/1/16).
