A settlement conference is a meeting in which a judge or magistrate assigned to the case presides over the process. The purpose of the settlement conference is to try to settle a case before the hearing or trial.

What should I expect at 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. However, the judge cannot force the parties to agree to a settlement against their will.

What is an early settlement conference?

The goal of a settlement conference is to facilitate the parties efforts to negotiate a settlement of all or part of the dispute.

What happens at a criminal settlement conference?

A felony settlement conference is an informal, confidential process managed by a judge who is not the judge hearing the case. The settlement conference judge helps the parties evaluate risks of going to trial and communicate about options for resolution.

How long do settlement conferences take?

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.

What is the difference between a case conference and a settlement conference?

The next step is a settlement conference, which is very similar to a case conference. The difference is that the settlement conference is conducted at a later stage when more information is available. A trial date is set during a settlement conference. This is when details of the trial are reviewed.

How long does a settlement conference last?

How do you prepare for a settlement conference?

Settlement conferences may be mandatory (required by the court) or voluntary. Regardless of the type of settlement conference, you should prepare by thinking about what you want and the minimum amount you are willing to settle for. Talk about the case with a lawyer and then submit all required paperwork.

What happens after mandatory settlement conference?

If a settlement is reached, the settlement documents are prepared, signed by all parties, and thereafter submitted to a judge for approval. The judge will then review the settlement to determine whether it is fair and reasonable. If so, the judge will then issue an Award and/or Order approving the settlement.

How long does a mandatory settlement conference last?

How Long Does it Take? A medication can take anywhere from 4 to 8 hours or more to complete. Mediations are typically scheduled to last an entire day, but there are half-day mediations available.

Can a defense attorney appear at a settlement conference?

The New York court rules and regulations require that only attorneys who are familiar with the case and have authority to settle the case are permitted to appear for such a settlement conference. There is a specific reason for this.

Do you have to sign a settlement agreement at mediation?

Nothing herein shall be deemed to require any party or party representative who appears at a mediation conference in compliance with this rule to enter into a settlement agreement. (d) Appearance by Public Entity.

What happens if there is no hope of settlement?

If the judge is able to determine during the settlement conference that there is no hope of settlement, a definite trial date will be set and all parties will begin preparations for battle. Lawyers who appear for a settlement conference must be fully versed in the minute details of your case.

Who is the final decision maker in a settlement?

(c) Party Representative Having Full Authority to Settle. A “party representative having full authority to settle” shall mean the final decision maker with respect to all issues presented by the case who has the legal capacity to execute a binding settlement agreement on behalf of the party.