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Form For Party Wishing To Participate In Settlement Escrow Process - Nebraska
| Form For Party Wishing To Participate In Settlement Escrow Process Form. This is a Nebraska form and can be used in Miscellaneous District Court Statewide . |
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Would you like to settle your District Court lawsuit without going to court? You may be eligible through a confidential process called SETTLEMENT ESCROW A GUIDE FOR SETTLEMENT ESCROW DISTRICT COURT ONLY ! Who, What, When, Where, How??? Office of Dispute Resolution State Capitol - Room 1220 P.O. Box 98910 Lincoln, NE 68509-8910 Phone: (402) 471-3148 Fax: (402) 471-2197 http://court.nol.org/odr/ <<<<<<<<<********>>>>>>>>>>>>> 2 SETTLEMENT ESCROW WHAT is settlement escrow? Settlement escrow is a confidential, one-time, voluntary process where parties seek to solve their dispute without going to court. The settlement escrow process can be used at anytime before going to trial! WHO can use settlement escrow? Settlement escrow may be used in civil District Court actions (not criminal) that involve only monetary remedies (money). This may include damages, court costs, attorneys fees, or other expenses. WHEN and WHERE is settlement escrow used? The settlement escrow process may begin any time before trial by either party . The use of a settlement escrow does not mean you cannot use any other dispute resolution or settlement process (like mediation or going to court). After the initial filing of a District Court civil action involving only monetary remedies (no money limit!), you and the other party involved will receive information regarding settlement escrow from the clerk of the court. If you wish to begin the settlement escrow process, fill out the attached form called Party Wishing to Participate in Settlement Escrow Process , and mail it to the Office of Dispute Resolution. When the Office of Dispute Resolution (ODR) receives your request, ODR will contact the ot her party (in writing within five (5) business days of the date the offer was received) to see whether or not the other party also wishes to participate. The other party must also reply within five (5) business days. If both parties agree in writing to participate, ODR will begin the settlement escrow process. Once ODR has received both offers in writing on the proper forms, ODR will reply to both parties within five (5 ) business days regarding the outcome. COST of settlement escrow? $10 per party - you will only send a check into the settlement escrow agent if both parties agree to participate. <<<<<<<<<********>>>>>>>>>>>>> 3WHY use settlement escrow? Settlement escrow is a quick and easy way to attempt to solve your dispute. It could save you time and money! HOW does settlement escrow work? Both parties submit confidential settlement offers to ODR. ODR then uses a worksheet to determine whether the offers overlap. If the defendant offers more than the plaintiff does, there is an overlap and a mid-point exists. To find the mid-point, divide the overlap in half and add to the plaintiffs offer. The result is your settlement amount! You are required by law to accept this amount. Example of Settlement Escrow Point of Over - Lap A. Defendants Offer $10,00 0.00 B. Plaintiffs Offer $ 7,500.00 Is the defendants offer greater than the plaintiffs offer? If yes, go to Step C. If no, then no settlement offer is reached using this process and your case will continue based upon your previously scheduled trial date. C. Subtract B from A (the overlap) $2,500.00 D. To find the midpoint of the overlap, divide the answer in Step C by 2 2 = $1,250.00 E. Add D to B $8,750.00 This is your settlement amount. A successful process is complete. <<<<<<<<<********>>>>>>>>>>>>> 4Form For: Party Wishing to Participate in Settlement Escrow Process Name: _____________________ Address: ____________________ ___________________________ ___________________________ __________ County District Court Case No. (docket #): ___________ Please mail to: Office of Dispute Resolution Attn: Settlement Escrow P.O. Box 98910 Lincoln, NE 68509- 8910 - - - - - - - - - - - - - - - - - - - - - - - For Internal Use Only DATE RECEIVED: _____________ <<<<<<<<<********>>>>>>>>>>>>> 5 Office of Dispute Resolution State Capitol - Room 1220 P.O. Box 98910 Lincoln, NE 68509-8910 Phone: (402) 471-3148 Fax: (402) 471- 2197 http://court.nol.org/odr/ For persons with disabilities, this brochure will be made available in other formats upon request. Call the Office of the State Court Administrator (402) 471-3730 02 /2003
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