The people who attend must have the authority to settle the case. If any of the parties has a representative, the representative may attend as well but the parties must always be there. The parties must attend, but the witnesses do not attend. Who attends a settlement conferenceĪ judge usually presides at the settlement conference. Remember, the settlement conference and any settlement discussions between the parties are private and cannot be disclosed to others, unless you have the consent of all of the parties to do so. The Endorsement Record/Order of the Court contains any orders that the judge made at the settlement conference. The judge who conducts your settlement conference will not preside at the trial.Īfter the settlement conference, the clerk will provide the parties with a copy of the Endorsement Record/Order of the Court, either in person, by mail or by email. The memorandum will be provided to the trial judge. Also, there are a number of orders the judge might make.Īt the end of the settlement conference, if the parties do not settle the case, the Rules provide that the judge will give the clerk a memorandum listing the issues remaining in dispute, matters agreed on, and information related to scheduling. The judge may make recommendations about your case. If there is going to be a trial, the settlement conference is also an opportunity to help you get prepared for the trial. Think instead, "What is my ‘bottom line’ in this case? What is the minimum acceptable to the other side? Is there any possible solution that we both can live with?"Įven if the whole case cannot be resolved, the settlement conference is a good opportunity to work out an agreement on at least some of the issues, so that the trial can be less expensive, easier and quicker. Try not to think in terms of winning and losing. If you are being sued for money you owe someone, maybe you agree that you owe the money and only need more time to pay.If you are the contractor, you will want to at least break even on the job, but you may be willing to apply some of your profits towards repair work.If you are suing a contractor over a job that was not done to your satisfaction, you probably want the work done and done right.Think about what you want from your case, but also determine what you can “live with.” Think about what is acceptable to you. provide full disclosure between the parties of the relevant facts and evidence.
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