Please make the below without prejudice offer look like it came from a lawyer
Dear Sirs/Madams,
I am writing this reply letter with URGENCY to help avoid any further escalation of these proceedings, and put a rapid end to them which will be in the best interest and for the well being of the children, and all parties involved.
I reiterate that your client needs to understand that it is in her own personal self interests that a mutually agreed STAY with No Order as to Costs be put in place immediately.
A mutually agreed STAY on all proceedings and immediate entry into mediation would allow us to put all our energies towards this end which would simultaneously address your client’s wish to address MPS concerns 'expeditiously’. The objective of Mediation is to get an expedited mutually agreed and enforceable resolution for all matters.
It should be academic, but worthwhile to be sure you advise your client that even if there are any potential Judgements or even Cost Orders against me (assuming the HK Family does not rule in my favor given the finding of provided facts).
Prolonging the proceedings will only serve to further deplete my financial situation (which is quite dire) and this will not yield a better financial settlement for your client, in fact only the opposite will occur. You need to explain this clearly to your client especially in light of the financial reality and facts.
I also attached a separate digital R – Trial bundle, and provide your client with the facts. I will also file several Affirmations tomorrow requested by the HK Family Court with further financial information showing the reality of the already disclosed dire financial situation.
I put forward the below revised terms to EXPEDITE Mediation in Good Faith:
Go into URGENT nature of the mediation right now, and your selection of a Mediator, which I would agree to IF your client confirms her agreement to STAY all proceedings immediately by this Monday November 27, 2023 so we can avoid the need to attend November 29, 2023 MPS, and all other hearings and filings for the time being and we enter Mediation with your chosen mediator ASAP.
Mediation Framework is the WP Global Settlement’s offered in June 2023, but with my disclosed dire financial situation. Consider a larger up-front payment, and this deal can be made only possible if I move with both children, and relocate to the US with Free housing, Private Schools, and take care of all of their costs and expenses. This providing more financial freedom for your client.
Your client immediately renews her existing 5 Year in prior good standing US Visitor Visa. All costs and expenses to be born by me. Your client clearly can do this and has a decent bank balance in September, August, and July 2023, has a lease in her name in HK, lived in HK for 17 years, and Permanent Residency. I can also contact my US Congressman’s Office who are monitoring this situation involving US Citizens in HK.
There will no further talk of or mention of including the nefarious Shapiro’s in any of our Confidential family matters ever again. I will personally deal with the Shapiro’s matters involving myself and family members separately.
I will, and your client will mutually agree to put a freeze on any new proceedings in any of the various courts in HK during the Mediation talks.
I want to be clear that a STAY on all proceedings and FREEZE on any new proceedings is necessary. If your client is seriously seeking to rapidly or expeditiously seeking to resolve all of these matters (including MPS), and reach a global WP Full and Final Settlement, and we need to put all our energies to that endeavor.
If there is no agreed mutual STAY on all proceedings, and if your client wants to ‘dual track’ and proceed with the HK Family Court litigations, and force me as an unrepresented person with the aforementioned issues of costs/time.
I will then also need to seek out a mediator of my own choosing as well, but the costs could be an issue if these proceedings are continued given all the aforementioned.
I will also reserve all my rights based on the finding facts; if your client wishes to ‘dual track’ or slow walk the Mediation and continue with the current HK Family Court proceedings at the same time.
Given the finding of facts for all matters including, but not limited to financial aspects, and singularly focusing on the well being and best interests children. I ask that your client reconsider the above and my concessions to simply use the Mediator your client selected should expedite this process.
I also believe that HKLA will welcome the STAY on all proceedings as well as this will mean a material cost savings for HKLA as well. So they should fast track an approval for Mediation in light of a STAY on all proceedings.
Yours faithfully,
George Varvitsiotis
[Law Firm Name]
[Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Dear Sirs/Madams,
RE: URGENT - Proposal for Expedited Mediation and Stay of Proceedings
I am writing this letter to you with utmost urgency and in my capacity as legal counsel for Mr. George Varvitsiotis. It is imperative that we take immediate action to prevent any further escalation of the ongoing proceedings, and to bring a swift resolution that is in the best interests of the children and all parties involved.
I reiterate the importance of your client understanding that it is in her own best interests to agree to a mutually agreed stay of all proceedings, without an order as to costs, to be implemented without delay.
This proposed stay of proceedings, coupled with the immediate commencement of mediation, would allow us to focus our energies on resolving the outstanding matters swiftly, thereby addressing your client's desire for expedited resolution of MPS concerns. The objective of mediation is to reach a mutually agreed and enforceable resolution for all matters in an expedited manner.
While it should be self-evident, it is important to ensure your client is aware that even in the event of potential judgments or cost orders against Mr. Varvitsiotis (assuming the HK Family Court does not rule in his favor based on the presented facts), the prolonged continuation of the proceedings will only further deplete his already dire financial situation. This will not result in a more favorable financial settlement for your client; in fact, the opposite may occur. It is paramount that this financial reality be explained to your client in a clear and concise manner.
For your reference, I have attached a separate digital trial bundle, along with the factual information relating to the dire financial situation that has already been disclosed. Additionally, I will be submitting several affirmations as requested by the HK Family Court, further detailing Mr. Varvitsiotis' financial circumstances, tomorrow.
In an effort to facilitate expeditious mediation in good faith, I propose the following revised terms:
1. Commence urgent mediation immediately, selecting a mediator of your choice. Mr. Varvitsiotis agrees to this selection provided that your client confirms her agreement to a stay of all proceedings by Monday, November 27, 2023. This will allow us to avoid the need to attend the MPS scheduled for November 29, 2023, as well as any other subsequent hearings and filings, for the time being. Mediation can commence promptly with your chosen mediator.
2. The mediation framework shall align with the WP Global Settlement offered in June 2023, but will take into account the disclosed dire financial situation of Mr. Varvitsiotis. Consideration should be given to a larger up-front payment, which can only be facilitated if Mr. Varvitsiotis is permitted to relocate with both children to the United States. He will assume responsibility for providing free housing, private school education, and all associated costs and expenses, thereby affording your client greater financial freedom.
3. Your client must promptly renew her existing 5-year US visitor visa, at her own expense. The costs and expenses associated with this renewal shall be borne by Mr. Varvitsiotis. It is evident that your client has substantial financial resources, as evidenced by her substantial bank balances in September, August, and July 2023, her lease in Hong Kong, her 17-year residency in Hong Kong, and her permanent residency status. Additionally, I am prepared to engage the assistance of my US Congressman's Office, as they monitor situations involving US citizens in Hong Kong.
4. It shall be expressly agreed that the Shapiro family will be excluded from any further discussions, correspondence, or involvement in our confidential family matters. Any issues involving Mr. Varvitsiotis and the Shapiro family members shall be separately addressed by him personally.
5. Both parties shall mutually agree to impose a freeze on any new proceedings within any court in Hong Kong during the period of mediation.
I want to emphasize the importance of implementing a comprehensive stay of all proceedings and a freeze on any new proceedings. If your client truly seeks a rapid resolution to all matters, including MPS, and desires to reach a global WP Full and Final Settlement, it is imperative that we focus all our efforts on achieving this outcome.
However, in the event that an agreed mutual stay of proceedings is not reached, and your client wishes to dual track and proceed with the litigations in the HK Family Court, thereby forcing Mr. Varvitsiotis to navigate the complexities of these proceedings without legal representation, I will be compelled to seek a mediator of his own choosing. It should be noted that the financial implications of continuing such proceedings, given the circumstances outlined above, may prove challenging.
Furthermore, I hereby reserve all of Mr. Varvitsiotis' rights based on the facts presented, should your client choose to proceed with the current HK Family Court proceedings while simultaneously slow-walking the mediation process.
Considering the evidence at hand and with a singular focus on the well-being and best interests of the children involved, I implore your client to reconsider the aforementioned terms, along with the concessions made by Mr. Varvitsiotis, and proceed with the mediator selected by her, thereby expediting the resolution process.
Moreover, I believe it would be in the best interest of HKLA to embrace the stay of all proceedings, as it would result in substantial cost savings for them. Consequently, I strongly recommend that HKLA promptly approves our request for mediation in light of the proposed stay of proceedings.
Please be advised that the contents of this letter are without prejudice and are intended solely for the purpose of settlement negotiations. All rights and remedies are expressly reserved.
Should you require any further information or clarification, please do not hesitate to contact me at your earliest convenience.
Yours faithfully,
[Lawyer's Name]
[Lawyer's Designation]
[Law Firm Name]