Settlement Conferences — Voluntary or Mandatory

The mechanics of the settlement conference depend upon the dynamics of the case and the methods that seem to be working. Sometimes, everyone will sit together to discuss the case. Often, we (you and the attorney from our office) will have our table or room and the other side will sit somewhere else. The two opposing counsel may talk together first, to establish the parameters of the proposed settlement. Then each attorney will take back the information learned from the other side. If the attorneys think that the input of the judge might be helpful in resolving an issue, they may meet with the judge “in chambers” to discuss the case. Unless it is agreed otherwise, the judge’s opinions at settlement conference are advisory and not binding. Chambers conferences often occur on trial day as well.

These negotiations are challenging in that they often seem to be going very slowly and then speed up rapidly. Be prepared for this unpredictability. Sometimes a new offer will be made on these days, and it is important for you to be mentally prepared to evaluate it and make a decision. Timing can be critical. Following the theory of “striking while the iron is hot,” it is important to be able to immediately take advantage of a good offer. You should not, however, rush into an agreement that is not acceptable to you just to get the matter over. We are willing to discuss an issue for as long as is necessary to come to a conclusion. The best preparation for a Settlement Conference is a knowledge of the probable settling range. Willingness to be open-minded and flexible in achieving your goals is very helpful.