Persons who attend the settlement conference are required to be thoroughly familiar with the case and to have authority to negotiate a settlement. The requirement is waived only when it poses a substantial hardship, in which case they are required to be available by telephone. Settlement judges’ standing orders generally require the personal attendance of lead trial counsel and the parties. Questions about these issues should be directed to the chambers of the assigned magistrate judge. Most magistrate judges have standing orders setting forth their requirements for settlement conferences, including written statements and attendance. The court will attempt to accommodate such preferences. Parties may request a specific magistrate judge or rank several magistrate judges in order of preference. The judge who would preside at trial does not conduct the settlement conference unless the parties stipulate in writing and the judge agrees. The neutral:Ī magistrate judge or, in limited circumstances, a district judge conducts the settlement conference. The parties’ formal discovery, disclosure and motion practice rights are fully preserved. If no settlement is reached, the case remains on the litigation track. The parties may agree to a binding settlement. The settlement judge has no power to impose settlement and does not attempt to coerce a party to accept any proposed terms. Often settlement judges meet with one side at a time, and some settlement judges rely primarily on meetings with counsel. Settlement judges might articulate views about the merits of the case or the relative strengths and weaknesses of the parties’ legal positions. Some settlement judges also use mediation techniques to improve communication among the parties, probe barriers to settlement and assist in formulating resolutions. Process:Ī judicial officer, usually a magistrate judge, helps the parties negotiate. The goal of a settlement conference is to facilitate the parties efforts to negotiate a settlement of all or part of the dispute. Procedural Guidance for Class Action Settlements. Model Stipulation and Proposed Consolidation Order for Securities Cases (Civil L.R.Pro Se Litigants (Legal Help Center Templates & Packets).Local Rules Attorney Advisory Committees.Journalist and Media Information and Rules.Preparing for a Video-Conference Hearing.List of Upcoming Hearings Held by Video-Conference.Diversion, CAP, and LEADS Pilot Program.Visitors with Disabilities & Special Needs.Article III Judges of the Northern District.
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