What Is a Settlement Conference?
In some states, the parties involved in a lawsuit are required to have a settlement conference to try to settle the case without having to go to court. During a settlement conference, the parties and their attorneys meet with a settlement judge who hears both sides and tries to help them reach a compromise.
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Definition
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In family law and other types of disputes, a settlement conference, or mediation, may help to keep the case from going to trial. Some states require a settlement conference or one can be requested. During the conference, each party and its attorneys meet with a settlement judge to present their side of the case. The judge cannot make any decisions regarding the outcome, but will listen to each side, giving his critique and advising what he would be likely to decide in court. The parties, with the help of the judge, discuss the case and attempt to reach an agreement.
Settlement Judge
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The settlement judge may be an actual judge, or may be a commissioner, magistrate or a specially appointed neutral person, according to the 'Lectric Law Library (www.lectlaw.com). In Nevada, for example, settlement judges are appointed by the Nevada Supreme Court, and are highly trained in legal mediation. Some have experience as practicing attorneys, many specializing in the appellate process, according to the court.
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The Process
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Settlement conferences are only used in civil matters, often for family law cases such as custody disputes; in some states, a settlement conference cannot occur unless each party is represented by an attorney.
Although the process may vary slightly state-by-state, in Nevada, the settlement judge will first speak with each party's attorney by telephone in order to decide whether the case is suitable for mediation. If so, a settlement conference will be scheduled. Most conferences start with all parties present in a joint session, where the judge explains the process, establishes the rules and hears each party's opening statement.
The entire process may be a joint session, or the judge may decide to consult with the parties separately. The judge critiques each argument and discusses what she would likely rule if the case were to go to trial. If during the process, the parties reach an agreement, it is put in writing and the matter is declared settled. But the case will go to trial if no settlement can be reached.
Should you have any questions about the process, you are encouraged to ask them of the judge during the session.
Advantages
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Settlement conferences have succeeded in settling many civil matters without the time and expense of a trial. The parties involved may find mediation a less stressful means of solving the dispute; they are able to reach their own compromise without having the court settle the matter. Settlement conferences can often be completed in a few days, while trials can last from weeks to months. This saves cost on both sides, and if the parties have any other legal matters to discuss, the mediation is not limited to just the particular matter at hand.
Disadvantages
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Under some circumstances, mediation may not be the best option for all involved. FindLaw says in some cases where domestic abuse has occurred, mediation provides just another opportunity for the abuser to bully the victim. You also may choose not to do mediation if you don't have an attorney; you might be bulldozed by the opposing party's lawyer, or you simply may not have the same legal expertise or resources to handle the case to your greatest advantage. A lawyer can investigate the other side to make sure it's not withholding any information and can advise you throughout the process.
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