Some judges, armed with an overview of the case, will use this conference as an opportunity to initiate settlement discussions.
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The agreement as to the contested and resolve issues is contained in a Preliminary Conference Order.
Until no fault divorce was adopted in New York, if marital fault was in dispute, a grounds trial would have been immediately scheduled at the conference.
Since not every issue in the divorce will be contested, at the preliminary conference, parties stipulate as to those issues that have been resolved.
If, at the conference, an issue has been listed as resolved, it cannot be later litigated.
In other states, this initial appearance is called a case management conference.
The preliminary conference serves several purposes. One of the primary purposes of the preliminary conference is to identify the issues that are in dispute.
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