A settlement conference is a private meeting between parties and their lawyers, facilitated by a judge or mediator, to reach an agreement before going to court. It can be required or recommended in some cases, and the proceedings are confidential. If an agreement is reached, the matter is resolved, but if not, the case goes to court. Settlement conferences can save time and money and help clear court calendars.
A settlement conference is a private meeting held before a civil suit goes to court to see if an agreement on the matter can be reached without having to take it to court. If the parties to the conference fail to settle, the case will be referred to the court and they will present it before a judge, and possibly a jury. Settlement conferences can be a useful legal tool for saving time and money while reaching an acceptable resolution to a legal dispute.
In some types of cases, a settlement conference is required before a case can be sent to court. In others, it may be recommended, or one of the parties may require it. Both sides are present at the conference, along with their lawyers. The judge also intervenes. Everyone presents his cases and arguments and tries to reach an agreement, facilitated by the judge or a mediator. The judge can also offer critical feedback on the information presented, giving people an idea of how successful they will be if they choose to take the case to court.
The proceedings of the settlement conference are confidential. It is not recorded or reported, and information from the conference cannot be used in court if the case goes to court. This is designed to encourage people to work in good faith with each other to reach an agreement that works for all parties. However, both parties can withhold information in case they have to take the case to court, as they don’t want to disclose their entire case and give the other party a chance to prepare.
Several deals can be proposed and discussed during the transaction conference, and the process can take several hours. If the parties find an agreement they like, they can finalize and approve it, and the matter will be resolved. In situations where people cannot agree in the settlement conference and the situation seems intractable, the case will end up in court. In court, people will have to do their best to convince the judge of their position, with the goal of receiving damages or avoiding having to pay them, depending on which side someone is on.
Many legal systems are grappling with a high volume of civil cases, making it difficult to clear the court calendar. People can wait months for a spot in the program to open up. Using settlement and mediation conferences can help divert simple matters away from the courtroom, keeping the courts clear for cases that need to be heard in court.
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