What Is an Early Settlement Conference?

Early settlement conferences produce swift resolutions.

An early settlement conference is a way to resolve a legal conflict early in a case without going to trial. It generally involves a neutral party who helps the two sides come to an agreement.

Types of Cases

Early settlement conferences can be sought in general civil cases before courts.

Agree to Agree

Both parties must agree an early settlement conference can help resolve the case before trial. When both appear before the judge for the pre-trial case management conference, they can ask to sign up for an early settlement conference.

Welcome Relief

As a general rule, judges welcome early settlement conferences because it helps relieve their heavy caseloads. When judges accept conference requests, they provide instructions to both sides on how to proceed.

How It Works

The two sides, including their lawyers, meet with a so-called neutral or experienced lawyer who will try to help the parties come to an agreement so the case can be settled before trial. Many courts keep lists of potential neutrals for this very purpose.

Not Mandatory

An early settlement conference is not to be confused with a mandatory settlement conference. Early settlement conferences come very early in the case when both sides agree to pursue them. Mandatory settlement conferences come about a week before the scheduled trial date when it is obvious to the judge both sides will not settle and the trial will last more than one day.

References

• Superior Court of California, County of Santa Clara, Self Service
• Northern District of Illinois Initiates Early Settlement Conference Program; R. David Donoghue; Chicago IP Litigation Blog; May 2009
• New Jersey Early Settlement Conference; Ann O'Flanagan, Esq.; DivorceSource.com