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They will also provide the judge or mediator with any photographs, diagrams, reports, and other documents that they think will help their case. The non-argumentative concept is an important one in a settlement conference. Remember that the goal of the conference is to resolve the case before trial.
A settlement conference is designed to get all parties to the lawsuit together to try and negotiate and resolve your case. If you were there in addition to the people you have sued, tempers would flare and everyone's objections, opinions and feelings would get in the way of having true negotiation discussions.
A settlement or Pre-trial conference is a meeting between opposing sides of a lawsuit at which the parties attempt to reach a mutually agreeable resolution of their dispute without having to proceed to a trial. Conferences are frequently conducted by a judge or other neutral party, in the form of a mediation.
What is the difference between mediation and a settlement conference? Any agreement to settle is voluntary. In contrast, a settlement conference is usually conducted after extensive discovery and trial preparation. In the court system a sitting judge is assigned to conduct a settlement conference.
To complete the settlement conference within two or three hours, the parties must have previously exchanged their initial demands and offers in writing. Indeed, obtaining the initial demand and offer can be the most time- consuming part of the process.
Procedures in a Settlement Conference The parties will give the judge some background information about the case so that they can prepare to help resolve the disputed issues. The judge will meet with the attorneys for each side, who will present their positions.
Because the Court generally sets aside at least two hours for each conference, it is impossible for a party who is not present to appreciate the process and the reasons which may justify a change in one's perspective toward settlement.
After the settlement conference. If you and the defendant don't agree at the settlement conference, the judge will give the court clerk a memorandum. The court clerk will also give you a Notice to Set Action Down for Trial form. If you want to go ahead with a trial, fill out this form at the courthouse.
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